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TMI BlogMandatory Documentary Evidence for Export RealisationX X X X Extracts X X X X X X X X Extracts X X X X ..... Mandatory Documentary Evidence for Export Realisation X X X X Extracts X X X X X X X X Extracts X X X X ..... mission of FIRC You have filed a refund application for accumulated Input Tax Credit (ITC) under Rule 89 of the CGST Rules, for zero-rated export of services without payment of tax (under LUT). The GST department is rejecting the refund claim on the grounds that FIRC (Foreign Inward Remittance Certificate) is not submitted, and they are not accepting FIRA (Foreign Inward Remittance Advice) as a valid substitute. Current RBI Position: As per RBI guidelines, FIRC is no longer issued by banks for most inward remittances received electronically (i.e., without physical instruments). Instead: * Banks now provide a FIRA (Foreign Inward Remittance Advice), which serves as an acknowledgment of receipt of foreign exchange. * For exporters, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... banks upload remittance details to the DGFT portal, which can then be used to generate an e-BRC (Electronic Bank Realisation Certificate). Therefore, insisting on a document that banks no longer issue is contrary to current RBI norms. Rule Position: Under Rule 89(2)(c) of the CGST Rules, the refund application must be accompanied by: "A statement containing the number and date of invoices and the relevant Bank Realisation Certificates or Foreign Inward Remittance Certificates..." The rule requires proof of receipt of payment in convertible foreign exchange, but it does not specify that only FIRC is acceptable. A FIRA or e-BRC serves the same purpose-evidence of foreign inward remittance-and should be accepted. Practical Recourse: 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Request e-BRC from Your Bank: Ask your bank to upload the remittance details on the DGFT portal so that an e-BRC can be generated. This is widely accepted by GST authorities as valid proof of foreign exchange realization. 2. Submit a Representation: If your bank cannot generate e-BRC and is only issuing FIRA: * Submit a written representation to the GST officer explaining the situation. * Enclose: * Copy of FIRA * Letter or email from the bank confirming that FIRC is no longer issued * Copy of relevant RBI circulars * Explanation that FIRA serves the purpose of proving receipt of foreign exchange * Emphasize that rejection solely on the basis of missing FIRC is unjustified given current banking practices. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... File a Grievance: If the refund application is still not accepted, file a grievance through: * The GST Portal Grievance Section, or * The CPGRAMS (Central Public Grievance Redressal and Monitoring System) Attach all relevant documentation and correspondence. 4. Appeal the Rejection: If a formal refund rejection order is issued: * File an appeal under Section 107 of the CGST Act. * Argue that the condition of submitting FIRC cannot be enforced when the document itself is not issued by banks as per RBI policy. * Cite that FIRA or e-BRC provides equivalent confirmation of receipt. Conclusion: You are entitled to a refund of accumulated ITC on export of services as long as you can prove receipt of payment in foreign e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xchange. In today's banking system, FIRA or e-BRC is the practical and acceptable documentary proof, and rejection due to lack of FIRC can be challenged both administratively and legally. *** Reply By YAGAY andSUN: The Reply: Additional Information Meaning of FIRA (Foreign Inward Remittance Advice): FIRA, or Foreign Inward Remittance Advice, is a document issued by an Authorised Dealer (AD) bank in India that confirms the receipt of foreign currency into an Indian bank account. 🔍 Purpose of FIRA: It serves as proof that a payment in foreign exchange has been received from a party located outside India, typically: * For export of services * Foreign investments * Loan repayments * Any other permi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssible foreign transactions under FEMA (Foreign Exchange Management Act) What FIRA Contains: A typical FIRA includes: * Name and address of the remitter (foreign party) * Name of the beneficiary (Indian exporter or service provider) * Purpose of remittance (e.g. export of services) * Currency and amount received * Date of receipt * Conversion rate and amount credited in INR * UTR (Unique Transaction Reference) number FIRA vs FIRC vs e-BRC: Document Issued By Purpose Current Status FIRC (Foreign Inward Remittance Certificate) Bank Proof of foreign inward remittance Mostly discontinued by banks FIRA (Foreign Inward Remittance Advice) Bank Acknowledgment of foreign currency receipt Current ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly issued by banks e-BRC (Electronic Bank Realisation Certificate) DGFT (based on bank data) Required for export incentives and refunds Accepted for GST refunds FIRA Is Valid Proof of Remittance Even though FIRC is no longer issued, FIRA is accepted in many practical cases along with e-BRC, especially where: * RBI has discontinued FIRCs * Banks issue FIRAs as a standard procedure If you're applying for a refund under GST or other export benefits, FIRA + e-BRC is generally accepted as valid proof of receipt of foreign currency. *** Reply By KASTURI SETHI: The Reply: Dear Querist, You have mentioned, " department is rejecting the refund application".&nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; What is the actual status ? Whether SCN has been issued or not ? If the SCN has been issued, whether the same has been adjudicated ? The department cannot reject refund without SCN and without personal hearing. Reply By Sadanand Bulbule: The Reply: There is an exception to every general principle or law as far as the specific issue on hand is concerned. Once the exporter comprehensively establishes the factual and legal position of export of services to overseas customers, the core issue stands settled. However a certificate issued Authorised Bank confirming the receipt of consideration by the exporter, it is enough in place of F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IRC or e-BRC, which the RBI too endorses. The GST Authorities are expected to be proactive in releasing refund legally due to the exporters.
Reply By YAGAY andSUN:
The Reply:
GST Authorities can/may/must/should have access the 'RBI-DGFT E-BRC Module' on their own to expedite the sorting of refund claims against exports. Alternatively RBI-DGFT E-BRC Module must be interfaced with the GSTN as it has been interfaced with ICEGATE and ICES 1.5. Implementing so would be a desired relief to the Exporters. X X X X Extracts X X X X X X X X Extracts X X X X
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