9911796707
TMI BlogClarifications on refund related issues.X X X X Extracts X X X X X X X X Extracts X X X X ..... s the issues as detailed hereunder: Sl. No. Issue Clarification 1. Certain registered persons have reversed, through return in FORM GSTR-3B filed for the month of August, 2018 or for a subsequent month, the accumulated input tax credit (ITC) required to be lapsed in terms of notification No. 1036-F.T. dated 27.07.2018 (20/2018-CT (Rate) dated 26.07.2018) read with circular No. 39/2018 dated 17.09.2018 (56/30/2018-GST dated 24.08.2018) (hereinafter referred to as the "said notification"). Some of these registered persons, who have attempted to claim refund of accumulated ITC on account of inverted tax structure for the same period in which the ITC required to be lapsed in terms of the said notification has been reversed, are not able to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gal Goods and Services Tax Rules, 2017 (hereinafter referred to as "WBGST Rules"), in the manner detailed in para 3 of Circular No. 42/2018 dated 17.09.2018 (59/33/2018-GST dated 04.09.2018). After calculating the admissible refund amount, as described above, and scrutinizing the application for completeness and eligibility, if the proper officer is satisfied that the whole or any part of the amount claimed is payable as refund, he shall request the taxpayer, in writing, to debit the said amount from his electronic credit ledger through FORM GST DRC-03. Once the proof of such debit is received by the proper officer, he shall proceed to issue the refund order in FORM GST RFD-06 and the payment advice in FORM GST RFD-05. c) All refund applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d belatedly. Such interest shall be calculated starting from the due date of filing of return in FORM GSTR-3B for the month of August, 2018 till the date of reversal of said amount through FORM GSTR-3B or through FORM GST DRC-03, as the case may be. b) The registered person who has reversed the amount of credit to be lapsed in the return in FORM GSTR-3B for any month subsequent to August, 2018 or through FORM GST DRC-03 subsequent to the due date of filing of the return in FORM GSTR-3B for the month of August, 2018 would remain eligible to claim refund of unutilized ITC on account of accumulation due to inverted tax structure w.e.f. 01.08.2018. However, such refund shall be granted only after the reversal of the amount of credit to be laps ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proper officer is satisfied that the whole or any part of the amount claimed is payable as refund, he shall request the taxpayer, in writing, to debit the said amount from his electronic credit ledger through FORM GST DRC-03. Once the proof of such debit is received by the proper officer, he shall proceed to issue the refund order in FORM GST RFD-06 and the payment advice in FORM GST RFD-05. 5. Vide Circular No. 42/2018 dated 17.09.2018 (59/33/2018-GST dated 04.09.2018) it was clarified that after issuance of a deficiency memo, the input tax credit is required to be re-credited through FORM GST RFD-01B and the taxpayer is expected to file a fresh application for refund. Accordingly, in several cases, the ITC amounts were re-credited a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
