Clarification on certain issues related to refund

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..... Act"), hereby clarifies the issues as detailed hereunder: 2. Status of refund claim after issuance of deficiency memo and re-credit of electronic credit ledger: 2.1 Para 7.1 of circular No. 59/33/2018-GST dated the 4th September, 2018 clarifies the intent of law in cases where a deficiency memo is issued in respect of a refund claim. In para 7.2 of the said circular, the practise being followed in the field formations was elaborated and it was clarified that show cause notices are not required to be issued (and consequently no orders are required to be issued in FORM GST RFD-04/06) in cases where refund application is not resubmitted after the issuance of a deficiency memo (in FORM GST RFD-03). It was also clarified that once a deficiency .....

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..... Rule 96 of the Nagaland Goods and Services Tax Rules, 2017 (hereinafter referred to as "said sub-rule"), restricts exporters from availing the facility of claiming refund of IGST paid on exports in certain scenarios. It was intended that exporters availing benefit of certain notifications would not be eligible to avail the facility of such refund. However, representations have been received requesting that exporters who have received capital goods under the Export Promotion Capital Goods Scheme (hereinafter referred to as "EPCG Scheme"), should be allowed to avail the facility of claiming refund of the IGST paid on exports. GST Council, in its 30th meeting held in New Delhi on 28th September, 201 8, had accorded approval .....

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..... terms of notification No. 79/2017-Customs dated 13th October, 2017 or through domestic procurement in terms of notification F.No. FIN/REV-3/GST/1/08(Pt-I)/52 dated 26th October, 2017, shall continue to be eligible to claim refund of IGST paid on exports and would not be hit by the restrictions provided in the said sub-rule. All clarifications issued in this regard vide any Circular issued earlier are hereby superseded. 4. It is requested that suitable trade notices may be issued to publicize the contents of this Circular. 5. Difficulty, if any, in implementation of this Circular may please be brought to the notice of the Board. No. CT/LEG/GST-CR/13/17/1299 (KESONYU YHOME) IAS Commissioner of State Taxes Nagaland : Dimapur
Circular .....

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