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TMI BlogClarifications on refund related issues.X X X X Extracts X X X X X X X X Extracts X X X X ..... 5th March, 2018 read with the Trade/ Internal Circulars cited at Ref. (1) to (10) above (issued by MGSTD) has laid down the procedure for manual filing and processing of different types of refund claims under GST and clarified the exports related refund issues. 2. Representations have been received seeking clarification on certain refund related issues. In order to clarify these issues and with a view to ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner of State Tax, Maharashtra State, in exercise of its powers conferred by section 168(1) of the Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as the "MGST Act") hereby clarifies the issues raised as below ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnish the return in FORM GSTR-4; as per sub-section (4) of section 39 of the MGST Act read with rule 65 of the MGST Rules, an ISD is required to furnish the return in FORM GSTR-6 and as per sub-section (5) of section 39 of the MGST Act read with rule 63 of the MGST Rules, a non-resident taxable person is required to furnish the return in FORM GSTR-5. 3.3. Thus, it is clarified that in case of a claim for refund of balance in the electronic cash ledger filed by an ISD or a composition taxpayer; and the claim for refund of balance in the electronic cash and/ or credit ledger by a non-resident taxable person, the filing of the details in FORM GSTR-1 and the return in FORM GSTR-3B is not mandatory. Instead, the return in FORM GSTR-4 filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riods commencing from 01.07.2017 to 31.03.2018, such registered persons shall be allowed to file the refund application in FORM GST RFD-01A on the common portal subject to the condition that the amount of refund of integrated tax/ cess claimed shall not be more than the aggregate amount of integrated tax/ cess mentioned in the Table under columns 3.1 (a), 3.1 (b) and 3.1 (c) of FORM GSTR-3B filed for the corresponding tax period. 5. Refund of unutilized input tax credit of compensation cess availed on inputs in cases where the final product is not subject to the levy of compensation cess: 5.1. Doubts have been raised whether an exporter is eligible to claim refund of unutilized input tax credit of compensation cess paid on inputs, where t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax in view of the proviso to section 11 (2) of the Cess Act, which allows the utilization of the input tax credit of cess, only for the payment of cess on the outward supplies. Accordingly, they cannot claim refund of compensation cess in case of zero-rated supply on payment of integrated tax. 6. Whether bond or Letter of Undertaking (LUT) is required in the case of zero rated supply of exempted or non-GST goods and whether refund can be claimed by the exporter of exempted or non-GST goods? 6.1. As per section 16(2) of the IGST Act, credit of input tax may be availed for making zero rated supplies, notwithstanding that such supply is an exempt supply. Whereas, as per section 2 (47) of the MGST Act, exempt supply includes non-taxable sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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