TMI BlogClarifications on refund related issuesX X X X Extracts X X X X X X X X Extracts X X X X ..... red to as JKGST Act ), hereby clarifies the issues as detailed hereunder :- S. No. Issue Clarification 1 2 3 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 SRO Notification No. SRO-GST-44 (Rate) ; Dated 31/08/read with circular No. 56/30/2018-GST dated 24-08-2018 (hereinafter referred to as the said notification ) issued by Department of Revenue, Ministry of Finance Tax Research Uni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er documents which are statutorily required to be submitted with a refund claim of unutilized ITC on account of accumulation due to to inverted tax structure . On the receiving the said application, the proper officer shall himself calculate the refund amount admissible as per rule 89 (5) of Jammu and Kashmir Goods and Services Tax Rules, 2017 (hereinafter referred to as JKGST Rules ), in the manner detailed in para 3 of Circular No. 59/33/2018-GST dated 04-09-2018 issued by Department of Revenue, Ministery of Finance Tax Research Unit, New Delhi. 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 par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsequent to the due date of filing of the return in FORM GSTR-3B for the month of August, 2018 ? (A) As the registered person has reversed the amount of credit to be lapsed in the return in FORM GSTR-3B for a month subsequent to the month of 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, he shall be liable to pay interest under sub-section (1) of sectio of the JKGST Act on the amount, which has been reversed 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- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifications, the refund of input tax credit, availed in respect of such inputs received under the said notifications for export of goods, shall be granted. (b) This refund of accumulated ITC under rule 89(4B) of the JKHST Rules shall be applied under the category any other instead of under the category refund of unutilized ITC on account of exports without payment of tax in FORM GST RFD-01A and shall be accompanied by all supporting documents required for substantiating the refund claim under the category refund of unutilized ITC on account of exports without payment of tax . After scrutinizing the application for completeness and eligibility, if the proper officer is satisfied that the whole or any part of the amount claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are pending on this account. In such cases, the claimant may re-submit the refund application manually in FORM GST RFD-01A after correction of deficiencies pointed out in the deficiency memo, using the same ARN. The proper officer shall then proceed to process the refund application as per the existing guidelines. After 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 officer, he shall proceed to issue the refund order in FO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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