TMI BlogExport refundX X X X Extracts X X X X X X X X Extracts X X X X ..... Sir In case of export refund RFD-01 , shipping bill or Invoice value which is to be taken in Turnover of zero rated supplies column. - Reply By KASTURI SETHI - The Reply = FOB value is to be mentioned. - Reply By KARAN VERMA - The Reply = Kindly provide any notification or circular for supporting. - Reply By KASTURI SETHI - The Reply = I have no circular number. Practically, the depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment sanctions refund on FOB value. That is the basis of my reply. Also go through all the replies in respect of Issue ID No.115843 dated 2.1.20 . - Reply By Ganeshan Kalyani - The Reply = Sir, I agree with the view of Sri Kasturi Sir. It is FOB value. - Reply By Amit Agrawal - The Reply = Under excise regime, I defended a case where assessee was paying excise duty on 'Selling Price plu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Die amortization Cost' against goods exported and claiming refund there-against. Dept. was sanctioning refund claim partially in cash (i.e. duty proportionate to FOB value -which was basic selling price) and balance by way of re-credit (i.e. duty proportionate to Die amortization Cost). We got favorable ruling from Commissioner (Appeals) granting entire refund in cash on the ground that du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty was correctly paid (on value as per valuation rules) and there was no provision in excise-law to back Dept.'s action of granting only partial refund in cash by limiting it to FOB value. - Reply By KASTURI SETHI - The Reply = Dear Sir, Whether the said Order-in-Appeal passed by the Commissioner (Appeals) was accepted by the Department ? If so, it is your great success. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Refund was being sanctioned on the basis of circular. The CE duty paid on the amount of freight, insurance etc. incurred up to the port (emphasis is on up to port) was being sanctioned in Cenvat Credit Account and duty paid on exported goods was being sanctioned in cash. Duty paid on the amount of freight, insurance etc. was considered as excess payment of duty because it had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing to do with export. Such expenses were incurred up to the port. Most of the case laws were decided in favour of the department for sanction of rebate of duty in cash on the FOB value. The same practice is in force in GST regime also. - Reply By raghunandhaanan rvi - The Reply = During the processing of the refund claim, the value of the goods declared in the GST invoice and the val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue in the corresponding shipping bill/bill of export should be examined and the lower of the two values should be taken into account while calculating the eligible amount of refund. Please refer to CBIC Circular No. 125/44/2019-GST dated 18.11.2019 (Para 47). - Export refund - Query Started By: - KARAN VERMA Dated:- 11-12-2021 Goods and Services Tax - GST - Got 7 Replies - GST - Discussion F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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