Export sales return and re -export, Goods and Services Tax - GST

[Sooraj B]

An exporter exported goods on payment of IGST and received refund of the IGST paid. However, subsequent to the export, the goods were returned back to India by the customer due to quality issues. The exporter cleared the goods without payment of import duty under the re-export option by furnishing a bond and then re-exported the goods under LUT. In the meanwhile, the exporter paid back through DRC-03, the IGST refund received, as he thought that since the goods were sent back, he had to pay back the IGST refund received. Was the exporter right in paying back the IGST refund received ? Can the exporter now apply for refund of the IGST paid through DRC-03? Kindly share your views .

Posts / Replies

[KASTURI SETHI]

Ultimately the goods were exported without payment of duty under LUT. Undisputed fact.

The exporter was right in paying back the refund of IGST.

Not entitled to refund of IGST paid back through DRC-03.

Eligible to claim refund of unutilized ITC under Section 54 (3) (i) of CGST Act read with Section 16 of IGST Act.

[Ganeshan Kalyani]

I agree with the view of Sri Kasturi Sir.