9911796707
TMI Blog2024 (1) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The petitioner states that it is an exporter of processed tea. It is a registered person under applicable GST laws and had availed of ITC in respect of the procurement of tea from the local market. As per Section 16(3) of the Integrated Goods and Services Tax Act, 2017 (the IGST Act), the petitioner has two options while undertaking exports. The first option is to export goods without payment of IGST against a letter of undertaking and thereafter claim refund; and the second option is to pay IGST and thereafter claim refund of such IGST. After resorting to the first option, the petitioner claimed refund of ITC in respect of the period running from July 2017 to November 2017. While claiming refund, the petitioner did not calculate the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2018 (Circular No.37), learned counsel submits that the Central Board of Excise and Customs, GST Policy Wing, recognised that input goods or services may be availed of at a point in time earlier to the date of export of the end product and, therefore, there may be a time lag between the accumulation of unutilised ITC and the date of refund claim. According to learned counsel, the above mentioned Circular addresses this concern by permitting clubbing of refund claims for more than one calendar month or more than one quarter. As regards the stipulation in clause 11.2 of the Circular that the claim cannot be spread across different financial years, learned counsel relied on the judgment of the Delhi High Court in Pitambra Books Pvt. Ltd. v. U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods,- (i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India; or (ii) if the goods are exported by land, the date on which such goods pass the frontier; or (iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India;" From the above provision, the conclusion that follows is that a refund claim may be made before the expiry of two years from the relevant date. Such relevant date is required to be computed from the date of export o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable records, it is seen that for the month of June 2018, the appellant has claimed refund of Rs. 21,82,215/-, by taking the Turnover of zero rated supply of goods as Rs. 2,01,30,134/; the Adjusted total turnover as Rs. 2,01,30,134/- and the Net ITC as Rs. 21,82,215/-. However, as per the provisions of Rule 89 of the CGST Rules, 2017, the value of Turnover of zero rated supply of goods, the Adjusted total turnover and Net ITC to be taken for calculation of refund amount is only the value for the relevant period, i.e., the period for which the claim has been filed. As the refund claim in question has been filed for the period June 2018, the values corresponding only to June 2018 ought to be taken into consideration for calculation of refun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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