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REFUND OF COMPENSATION CESS IN INVERTED DUTY STRUCTURE

Goods and Services Tax - Started By: - Vinay Jhawar - Dated:- 9-9-2018 Last Replied Date:- 17-9-2018 - Can one claim refund of unutilised input tax credit of compensation cess paid on coal purchase, in application for inverted duty structure along with CGST and SGST refund. - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = In my view it can be claimed. Views of experts are solicited. - Reply By Yash Jain - The Reply = Sir, It's a typical issue, but prima facie following is the status on ref .....

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of compensation cess is not available (Refer circular No. 45/13/2018 dated 30.05.2018) as input of cess can be utilized only to pay cess. 3. For exports - without payment of IGST, zero rated - in this case, yes. Only in this case we can claim refund, as in zero rated exports, it's is presumed that as taxes are not to be exported, compensation cess accumulated on these products will be refunded. 4. Hence we have to plan for charging of GST on exports, by keeping in view the available input co .....

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advance ruling authority to determine whether (by chance, if any) we can get refund. It will cost only R's. 10000/-, but will provide, a definite clarity. Rgds - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = You are correct. - Reply By Gorantla Bhaskar Rao - The Reply = Dear querist,I agree with the experts. As of now the provisions are clear that only input cess can be utilised for payment of output cess. Hence, refund is not possible. - Reply By Yash Jain - The Reply = Dear Sir, The Pr .....

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In case they interpretate anything otherwise as being mentioned in circular. Hence, in case you have compensation cess, the do the following, Expense the said in Cost of Materials. Also show the same in GSTR 3B (Though Expensed but do show in 3B) When you receive refund then offer the same in tax. It will be a Cash Positive situation. (In comparision to step 5) Do not choose option of Export by way of Payment of IGST as it will not entitle for refund. You can use IGST ITC (SGST/CGST) for future .....

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