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TMI BlogClarifications on refund related issuesX X X X Extracts X X X X X X X X Extracts X X X X ..... referred to as, "the Assam GST Act"), hereby clarifies 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 Government of Assam, Finance (Taxation) Department, notification No. 20/2018 (Rate), dtd. 24.09.2018 [FTX.56/2017/Pt-111/144 dtd. 24.09.2018] published in the Assam Gazette Extraordinary, vide number 463, dtd. 25.09.2018 read with Circular No. 23/2018-GST [CT/GST-15/2017/192 dtd. 25.09.2018] (herein after referred to as the "said notification"). Some of these registered persons, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with a "refund claim of unutilized ITC on account of accumulation due to inverted tax structure". On receiving the said application, the proper officer shall himself calculate the refund amount admissible as per rule 89(5) of Assam Goods and Services Tax Rules, 2017 (hereinafter referred to as "Assam GST Rules"), in the manner detailed in para 3 of Circular No. 24/2018-GST [CT/GST15/ 2017/195 dtd. 25.10.2018]. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 subsection (1) of section 50 of the Assam GST 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-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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rutinizing 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 FORM GST RFD-06 and the payment advice in FORM GST RFD-05. 2. This Circular is clarificatory in nature and not meant for any interpretation of provisions of the Act and rules. 3. Difficulties, if any, in implementation of the above instructions may be brought to the notice of the Commissioner at an early date. Sd/- Anurag Goel, IAS., Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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