TMI BlogManner of filing of unutilized ITC on account of export of electricityX X X X Extracts X X X X X X X X Extracts X X X X ..... here is no requirement for filing of shipping bill/ bill of export in respect of export of electricity. However, the extant provisions under rule 89 of the DGST Rules, 2017 provided for requirement of furnishing the details of shipping bill/ bill of export in respect of such refund of unutilised ITC in respect of export of goods. Accordingly, a clause (ba) has been inserted in sub-rule (2) of rule 89 and a Statement 3B has been inserted in Form GST RFD-01 of the DGST Rules, 2017 vide Notification No. 14/2022-ST, dated 17th October, 2022. In order to clarify various issues and procedure for filing of refund claim pertaining to export of electricity, the Commissioner, State Tax, in exercise of its powers conferred by section 168 of the DGST A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 3A of Form GST RFD-01 by uploading the same in pdf format along with refund application in Form GST RFD-01. 3. Relevant date for filing of refund : As per sub-section (1) of section 54 of the DGST Act, 2017, time period of two years from the relevant date has been specified for filing an application of refund. Electrical energy is in nature of goods under GST and is exported on a continuous basis through the transmission lines attached to the land. Therefore, it is not possible to determine the specific date on which a specific unit of electricity passes through the frontier. However, a statement of scheduled energy for export of electricity by a Generation Plant is issued by Regional Power Committee RPC Secretariat, as a part o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the quantity of electricity exported during the said month and will be used for calculating the value of zero-rated supply in case of export of electricity. Such monthly regional energy account (REA) issued by Regional Power Committee (RPC) Secretariat, as uploaded on the websites of RPC Secretariat, can be downloaded by GST officers as well as the concerned electricity generator for the purpose of refund under rule 89(4) of the DGST Rules 2019. The calculation of the value of the exports of electricity during the month, can be done based on the quantity of scheduled electricity exported during the month by the exporter (as detailed in the REA for the month) and the tariff rate per unit (details of which will have to be provided by the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 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 applicant, in writing, if required, to debit the said amount from the electronic credit ledger through Form GST DRC-03. Once the proof of such debit is received by the proper officer, he shall proceed to issue the refund order in Form GST RFD-06 and the payment order in Form GST RFD-05. 5. Difficulties, if any, in implementation of these instructions may be informed to the Commissioner-State Tax. Commissioner (State Tax) Annexure-I Statement of Scheduled Energy for exported electricity by Generation Plants (Using Fuel except nuclear, gas, domestic linkag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de2+ .+deN) Cross Border Country 1_entity1 ee1 Country 2_entity2 ee2 -- -- CountryN_entity3 eeN Subtotal Export (B) Sum of (ee1+ee2+ .+eeN) Total Scheduled Energy of Generating Station (C=A+B) (insert sum of sub-total-A and sub-total-B) Note : As per Complementary Commercial Mechanism under section 6.1(d) of CERC (Indian Electricity Grid Code) Regulations, 2010 ; beneficiaries shall pay energy charges for the scheduled dispatch, in accordance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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