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TMI BlogClarifications on exports related refund issues.X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Non-availment of drawback: The third proviso to sub-section (3) of section 54 of the APGST Act states that no refund of input tax credit shall be allowed in cases where the supplier of goods or services or both avails of drawback in respect of central tax. 2.1 This has been clarified in paragraph 8.0 of Circular No. 07 in CCT's ref: CCW/GST/74/2015 Dt.10/01/2018. In the said paragraph, reference to "section 54(3)(ii) of the APGST Act" is a typographical error and it should read as "section 54(3)(i) of the APGST Act". It may be noted that in the said circular reference has been made only to central tax, integrated tax, State and not to customs duty leviable under the Customs Act, 1962. Therefore, a supplier availing of drawback only with respect to basic customs duty shall be eligible for refund of unutilized input tax credit of central tax / State tax / integrated tax / compensation cess under the said provision. It is further clarified that refund of eligible credit on account of State Tax shall be available even if the supplier of goods or services or both has availed of drawback in respect of Central Tax. 3. Amendment through Table 9 of GSTR-1: It has been reported th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort goods or services without payment of integrated tax after furnishing a LUT / bond and that he would be liable to pay the tax due along with the interest as applicable within a period of fifteen days after the expiry of three months or such further period as may be allowed by the Chief Commissioner from the date of issue of the invoice for export, if the goods are not exported out of India. The time period in case of services is fifteen days after the expiry of one year or such further period as may be allowed by the Chief Commissioner from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange. 5.1 It has been reported that the exporters have been asked to pay integrated tax where the goods have been exported but not within three months from the date of the issue of the invoice for export. In this regard, it is emphasized that exports have been zero rated under the Integrated Goods and Services Tax Act, 2017 (IGST Act) and as long as goods have actually been exported even after a period of three months, payment of integrated tax first and claiming refund at a subsequent date should not be ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... except to those who have been prosecuted for any offence under the CGST Act or the IGST Act or any of the existing laws in force in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees. Para 2(d) of the Central Circular No. 08/2017 mentions that a person intending to export under LUT is required to give a self-declaration at the time of submission of LUT that he has not been prosecuted. Persons who are not eligible to export under LUT are required to export under bond. 7.2. It is clarified that this requirement is already satisfied in case of exports under LUT and asking for self-declaration With every refund claim where the exports have been made under LUT is not warranted. 8. Refund of transitional credit: Refund of unutilized input tax credit is allowed in two scenarios mentioned in sub-section (3) of section 54 of the APGST Act. These two scenarios are zero rated supplies made without payment of tax and inverted tax structure. In sub-rule (4) and (5) of rule 89 of the APGST Rules, the amount of refund under these scenarios is to be calculated using the formulae given in the said sub-rules. The formulae uses the phrase 'Net ITC' and defines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Finance Act, 1994 read with above referred sub-sections of section 142 of the APGST Act shall be followed while processing such refund claims. 10.1 Furthermore, it has been brought to the notice of the Chief Commissioner that the field formations are rejecting, withholding or re-crediting CENVAT credit, while processing claims of refund filed under the existing laws. In this regard, attention is invited to sub-section (3) of section 142 of the APGST Act which provides that the amount of refund arising out of such claims shall be refunded in cash. Further, the first proviso to the said sub-section provides that where any claim for refund of CENVAT credit is fully or partially rejected, the amount so rejected shall lapse and therefore, will not be transitioned into GST. Furthermore, it should be ensured that no refund of the amount of CENVAT credit is granted in case the said amount has been transitioned under CST. The field formations are advised to process such refund applications accordingly. 11. Filing frequency of Refunds: Various representations have been made to the Board regarding the period for which refund applications can be filed. Section 2(107) of the CGST Act defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vely, subject to certain conditions specified in the said notifications. 13.1 It is clarified that the benefit of supplies at concessional rate is subject to certain conditions and the said benefit is optional. The option may or may not be availed by the supplier and / or the recipient and the goods may be procured at the normal applicable tax rate. 13.2 It is also clarified that the exporter will be eligible to take credit of the tax @ 0.05% / 0.1% paid by him. The supplier who supplies goods at the concessional rate is also eligible for refund on account of inverted tax structure as per the provisions of clause (ii) of the first proviso to sub-section (3) of section 54 of the APGST Act. It may also be noted that the exporter of such goods can export the goods only under LUT / bond and cannot export on payment of integrated tax. In this connection, notification in GO Ms No.82 Revenue (CT-II) Dt.16.02.2018 (3/2018 central tax dated 23.01.2018) may be referred. 14. Requirement of invoices for processing of claims for refund: It has been brought to the notice of the Board that for processing of refund claims, copies of invoices and other additional information are being insisted u ..... 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