TMI BlogClarification on refund related issuesX X X X Extracts X X X X X X X X Extracts X X X X ..... ral Circular on Refunds No. 125/44/2019-GST dated 18.11.2019 (State Circular No. 79/2019-GST dated 23.12.2019) and the said restriction on the clubbing of tax periods across financial years for claiming refund thus has been continued vide Paragraph 8 of the State Circular No. 79/2019-GST dated 23.12.2019 (Central Circular No. 125/44/2019-GST dated 18.11.2019), which is reproduced as under: 8. The applicant, at his option, may file a refund claim for a tax period or by clubbing successive tax periods. The period for which refund claim has been filed, however, cannot spread across different financial years . Registered persons having aggregate turnover of up to ₹ 1.5 crore in the preceding financial year or the current financial year opting to file FORM GSTR-1 on quarterly basis, can only apply for refund on a quarterly basis or clubbing successive quarters as aforesaid. However, refund claims under categories listed at (a), (c) and (e) in para 3 above must be filed by the applicant chronologically. This means that an applicant, after submitting a refund application under any of these categories for a certain period, shall not be subsequently allowed to file a refund cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the inversion is due to change in-the GST rate on the same goods. This can be explained through an illustration. An applicant trading in goods has purchased, say goods X attracting 18% GST. However, subsequently, the rate of GST on X has been reduced to, say 12%. It is being claimed that accumulation of ITC in such a case is also covered as accumulation on account of inverted duty structure and such applicants have sought refund of accumulated ITC under clause (ii) of sub-section (3) of section 54 of the Assam GST Act. 3.2 It may be noted that refund of accumulated ITC in terms clause (ii) of sub-section (3) of section 54 of the Assam GST Act is available where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies. It is noteworthy that, the input and output being the same in such cases, though attracting different tax rates at different points in time, do not get covered under the provisions of clause (ii) of sub-section (3) of section 54 of the Assam GST Act. It is hereby clarified that refund of accumulated ITC under clause (ii) of sub-section (3) of section 54 of the Assam GST Act would not be applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r paid in excess for which debit has been made from the electronic credit ledger, the said amount, if found admissible, shall be re-credited to the electronic credit ledger by the proper officer by an order made in FORM GST PMT-03 . 4.3.2 Further, in the same notification, sub-rule (1A) is being inserted in rule 92 of the Assam GST Rules, 2017. The same is reproduced hereunder: (1A)Where, upon examination of the application of refund of any amount paid as tax other than the refund of tax paid on zero-rated supplies or deemed export, the proper officer is satisfied that a refund under sub-section (5) of section 54 of the Act is due and payable to the applicant, he shall make an order in FORM RFD-06 sanctioning the amount of refund to be paid, in cash, proportionate to the amount debited in cash against the total amount paid for discharging tax liability for the relevant period, mentioning therein the amount adjusted against any outstanding demand under the Act or under any existing law and the balance amount refundable and for the remaining amount which has been debited from the electronic credit ledger for making payment of such tax, the proper officer shall issue FORM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods and/or input services out of total ITC for a relevant tax period. It has been recommended that a column relating to HSN/SAC Code should be added in the statement of invoices relating to inward supply as provided in Annexure-B of the State Circular No. 79/2019-GST dated 23.12.2019 (Central Circular No. 125/44/2019-GST dated 18.11.2019) so as to easily identify between the supplies of goods and services. 6.2 The issue has been examined and considering that such a distinction is important in view of the provisions relating to refund where refund of credit on Capital goods and/or services is not permissible in certain cases, it has been decided to amend the said statement. Accordingly, Annexure-B of the State Circular No. 79/2019-GST dated 23.12.2019 (Central Circular No. 125/44/2019-GST dated 18.11.2019) stands modified to that extent. 6.3 A suitably modified statement format is attached for applicants to upload the details of invoices reflecting in their FORM GSTR-2A . The applicant is, in addition to details already prescribed, now required to mention HSN/SAC code which is mentioned on the inward invoices. In cases where supplier is not mandated to mentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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