In re Daewoo-TPL JV (GST AAR Maharashtra)
Q.No. 1): The Applicant though eligible to claim for refund of inverted duty structure under Section 54(3) of the CGST Act, wishes to understand in-principle applicability of Notification 21 and 26 in as much whether the same allow for refund of ITC availed on input services (and remaining unutilized) in whole or part thereof.
Answer: Both the Notifications Notification No 21/2018 – Central Tax (Rate) dated April 18, 2018 and Notification No. 26/2018-Central Tax dated 13.06.2018 21 do apply to the Applicant which prescribe the method for carrying out provisions of Section 54 (3) of the CGST Act, 2017 and therefore do not allow refund of ITC availed on input services (and remaining unutilized) in whole or part thereof, in view of the definition of ‘input’ contained in the sub-section (59) of Section 2 of the GST Act, 2017 and the definition of ‘Net ITC’ contained in the Notification No. 26/2018-Central Tax dated 13.06.2018.
Q.No.2) :Where the answer to above is negative, the Applicant wishes to understand how does the Notification 21 and 26 apply in a scenario where factually following financials may exist:
| A. | Revenue streams | |
| Works contract services liable to 12% GST | INR 1,000 | |
| Output GST @ 12% | INR 120 | |
| Total Revenues incl. GST | INR 1,120 | |
| B. | Input Tax Credit Data | |
| Particulars | Amount (INR) | |
| ITC on inputs | 65 | |
| ITC on input services | 90 | |
| Sub-total | 155 | |
| Less: Total tax on outward supplies | 120 | |
| Net balance remaining unutilized | 35 |
Answer : This question pertains to formulae for calculation of refund and hence does not fall within the purview of Section 97 of the CGST Act and is therefore not answered.
