9911796707
TMI BlogClarifications on refund related issues under GST.X X X X Extracts X X X X X X X X Extracts X X X X ..... erred by section 168 of the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter referred to as "TNGST Act"), hereby clarifies the issues as detailed hereunder: Sr.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 lapsed in terms of Notification No. II (2)/CTR/662(a-8)/2018 dated 26-07-2018 read circular No. 34 (2018)/2019-TNGST dated: 05.04.2019 (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 in which the ITC required to be laps ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the refund amount admissible as per rule 89(5) of Tamil Nadu Goods and Services Tax Rules, 2017 (hereinafter referred to as "TNGST Rules"), in the manner detailed in para 3 of (central) Circular No. 37 (2018)/2019-TNGST dated, 05-04-2019. 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been reversed belatedly. Such interest shall be calculated starting from the due date of filing of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. 37 (2018) / 2019-TNGST dated 05.04.2019, 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 f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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