Refund of accumulated ITC

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..... Refund of accumulated ITC
Query (Issue) Started By: - Kaustubh Karandikar Dated:- 22-11-2019 Last Reply Date:- 22-11-2019 Goods and Services Tax - GST
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GST
As per Rule 89(4A) of CGST Rules, in the case of supplies received on which the supplier has availed the benefit of notification No. 48/2017-Central Tax dt. 18.10.2017 i.e. supplies which are treated as deemed exports, t .....

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..... he receiver of such goods cannot consider these supplies received while filing refund claim of unutilized ITC on account of continuous exports. Is my understanding correct? If not what is the correct interpretation? Experts views please. Reply By Rajagopalan Ranganathan: The Reply: Sir, As per the third provisio to rule 89 (1) of CGST Rules, 2017 "provided also that in respect of supplies .....

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..... regarded as deemed exports, the application may be filed by, - (a) the recipient of deemed export supplies; or (b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund. Therefore in respect of deemed export supplies the refund can be claimed eith .....

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..... er by the receiver of the goods or the supplier of the goods subject to the condition that the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund. Therefore your presumption that the receiver of such goods cannot consider these supplies received while filing refund claim of unutilized ITC on account of c .....

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..... ontinuous exports is correct since if you include the deemed export supplies while claiming refund of unutilized ITC on account of continuous exports the Department may delay the sanction on premise that they have to verify whether supplier of goods also claimed refund of the same.
Discussion Forum - Knowledge Sharing .....

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