Goods and Services Tax - There are certain situations under which you can claim refund under GST law. Due to zero rates on Export, and inverted tax on certain supply, i.e. inward supply is taxed more than outward supply. As per section 54(1) of CGST Act, 2017 Application for refund can be made before expiry of two years from the relevant date. The procedures ...
Read MoreGoods and Services Tax - Q.1 What are the situations which may give rise to refund under GST? Ans. A claim for refund may arise on account of- 1. Export of Goods or services on payment of tax 2. Supply of goods or services to SEZs units and developers on payment of tax 3. Export of Goods or services under Bond/Letter of Undertaking, without payment of tax...
Read MoreGoods and Services Tax - At the very outset, I am very confident to say that Indian exporters can beat the international competition hollow but further compelled to say that the Indian bureaucracy is single handedly enough to pull down the Indian exporters & for that reason alone, the growth engine of exports & consequently the GDP suffers. On the [&hel...
Read MoreGoods and Services Tax - Exporters who claim Refund of IGST paid on Export of Inverted Rated Goods, are being denied Refund of accumulated ITC of Inverted Rated Goods. Article seeks to highlight the provisions of GST Act in case of Exporters who Export inverted rated goods...
Read MoreGoods and Services Tax - Ideally we don’t understand this logic wherein law maker one case allow it if it is paid by way of IGST on export of goods however the same ITC on capital goods claim through RFD 01 then it is disallowed....
Read MoreGoods and Services Tax - Refund |Enhancements on GST Portal |March 2019 While filing refund application of ITC accumulated due to Inverted Tax Structure, taxpayer can now enter his own GSTIN in the inward supply detail statement on the GST Portal...
Read MoreGoods and Services Tax - Total GST refunds to the tune of Rs 91,149 crores have been disposed by CBIC and State authorities out of the total refund claims of Rs 97,202 crores received so far. Thus, the disposal rate of 93.77 per cent has been achieved....
Read MoreGoods and Services Tax - FORM GSTR-11 under Rule 82 of the CGST Rules, 2017 mandates reporting “Place of Supply” for every invoice on which refund is applied for. Many UIN entities while filling invoice data have been reporting their place of supply as the State where they are registered instead of the place of supply as reflected in the invoice....
Read MoreGoods and Services Tax - There are concerns being raised about growing pendency of GST Refunds. Exporters are reassured that there is no le-tup in the sanction of GST refunds. The disposal rate is consistently improving month-on-month. As on 31st October, 2018, total GST refunds to the tune of Rs 82,775 crore have been disposed by Central Board of Indirect [&hell...
Read MoreGoods and Services Tax - Refund on account of Assessment/Provisional Assessment/ Appeal/ any other Order enabled The taxpayers can now file online application to claim refund on account of Assessment/Provisional Assessment/ Appeal/ any other Order on GST Portal. (refer Section 54(1) of CGST Act 2017) Extract of Section 54 of CGST Act,2017 Section 54 – Refun...
Read MoreM/s. Inspirage Software Consulting Pvt. Ltd. Vs The Commissioner GST & CCE (CESTAT Chennai) - The adjudicating authority has rejected the appellant’s claim of it having made the refund claim on 27.06.2017. The first appellate authority has also concluded the date of filing of the refund claim was 12.07.2017 only as against which the appellant contends that there was an attempt to file the ...
Read MoreM/s. Sri Gayathri Cashews Vs Assistant Commissioner of GST and Central Excise (Madras High Court) - Rejection of IGST refund without considering assessee's reply and also without affording an opportunity of personal hearing was in violation of the principles of natural justice. Therefore, matter was remanded back for reconsideration to decide the refund claim on merits within the stipulated period...
Read MoreApar Industries Limited Vs. UOI (Bombay High Court) - Apar Industries Limited Vs. UOI (Bombay High Court) Writ Petition was filed by the Petitioner being aggrieved by the non-payment of interest on the amount of Rs.5.52 crores of refund already granted as well as refund of balance amount along with interest. Petitioner had filed a refund of Rs.52.97 cr...
Read MoreSales Tax Bar Association Vs Union Of India(Delhi High Court) - Delhi High Court has asked Central Government to file details of (i) GST Refund applications filed and claimed (ii) refund applications pending with amount claimed (iii) refunds which have been issued and (iv) refunds paid by the Central Government and the State Government and (v) steps taken to re...
Read MoreM/s. Saraf Natural Stone Vs Union Of India (Gujarat High Court) - While admitting a petition seeking interest / compensation for delay in both provisional as well as final refund of GST beyond stipulated period, the Gujarat High Court has issued notices to Centre, CBIC and GSTN....
Read MorePublic Notice No. 11/2019-JNPT - (05/02/2019) - The processing of IGST refund claims on exports is fully automated. Majority of refunds claims are getting processed and sanctioned within five days of filing of GSTR-1 and GSTR-3B returns. ...
Read MoreCircular No. 01/2019-Customs - (02/01/2019) - CBIC Circular No. 01/2019-Customs deals with Errors related IGST Export Refunds and resolves issues in IGST Export Refunds due to (i) Online filing of both local and Gateway EGM not being done on time by the concerned stakeholders. (ii) Mismatch in local and gateway EGM details wherever both are ...
Read MoreCircular No. 79/53/2018-GST - (31/12/2018) - CBIC Circular No. 79/53/2018-GST explains following GST Refund related issues- Physical submission of refund claims with jurisdictional proper officer, Calculation of refund amount for claims of refund of accumulated Input Tax Credit (ITC) on account of inverted duty structure, Refund applications t...
Read MoreInternal Circular No. 35A of 2018 - (01/12/2018) - In case the Nodal Officer decides to undertake the Audit, then he/she shall issue a notice in FORM-GST-ADT-01. Depending upon the record to be verified he/she may decide whether the Audit is to be carried out at the business premises of the tax payer or at the office concerned. The place at which th...
Read MoreInstruction No. 20/2018-Customs - (26/11/2018) - For the convenience of the field formations, the procedure for processing IGST refund claims for exports made from Non-EDI sites, is as under: (i) Firstly, the export data is to be captured using offline utilities and transmitted by the field formations to DG (Systems) by email....
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M/s. Inspirage Software Consulting Pvt. Ltd. Vs The Commissioner GST & CCE (CESTAT Chennai) -
Public Notice No. 11/2019-JNPT - (05/02/2019) -
M/s. Sri Gayathri Cashews Vs Assistant Commissioner of GST and Central Excise (Madras High Court) -
Circular No. 01/2019-Customs - (02/01/2019) -
Circular No. 79/53/2018-GST - (31/12/2018) -