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TMI BlogClarifications on exports related refund issues.X X X X Extracts X X X X X X X X Extracts X X X X ..... has been clarified in paragraph 8.0 of Circular No. 16/2017-2018- GST, dated 7 th February, 2018. In the said paragraph, reference to section 54(3)(ii) of the Goa GST Act is a typographical error and it should read as section 54(3)(i) of the Goa GST Act . 3. Amendment through Table 9 of GSTR-1: It has been reported that refund claims are not being processed on account of mismatches between data contained in FORM GSTR-1, FORM GSTR-3B and shipping bills/bills of export. In this connection, it may be noted that the facility of filing of Table 9 in FORM GSTR-1 , an amendment table which allows for amendments of invoices/ shipping bills details furnished in FORM GSTR-1 for earlier tax period, is already available. If a taxpayer has committed an error while entering the details of an invoice / shipping bill / bill of export in Table 6A or Table 6B of FORM GSTR-1 , he can rectify the same in Table 9 of FORM GSTR-1. 3.1 It is advised that while processing refund claims on account of zero rated supplies, information contained in Table 9 of FORM GSTR-1 of the subsequent tax periods should be taken into cognizance, wherever applicable. 3.2 Proper Officers are als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not within three months from the date of the issue of the invoice for export. In this regard, it is emphasised that exports have been-zero rated under the Integrated Goods and Services Tax Act, 2017 (IGST Act) and as long as goods have actually been exported even after a period of three months, payment of integrated tax first and claiming refund at a subsequent date should not be insisted upon. In such cases, the jurisdictional Commissioner may consider granting extension of time limit for export as provided in the said sub-rule on post facto basis keeping in view the facts and circumstances of each case. The same principle should be followed in case of export of services. 6. Deficiency memo: It may be noted that if the application for refund is complete in terms of sub-rule (2), (3) and (4) of rule 89 of the Goa GST Rules, an acknowledgement in FORM GST RFD-02 should be issued. Rule 90 (3) of the Goa GST Rules provides for communication in FORM GST RFD-03 (deficiency memo) where deficiencies are noticed. The said sub-rule also provides that once the deficiency memo has been issued, the claimant is required to file a fresh refund application after the rectification o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made under LUT is not warranted. 8. Refund of transitional credit: Refund of unutilized input tax credit is allowed in two scenarios mentioned in sub-section (3) of section 54 of the Goa GST Act. These two scenarios are zero rated supplies made without payment of tax and inverted tax structure. In sub-rule (4) and (5) of rule 89 of the Goa GST Rules, the amount of refund under these scenarios is to be calculated using the formulae given in the said sub-rules. The formulae use the phrase 'Net ITC and defines the same as input tax credit availed on inputs and input services during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both . It is clarified that as the transitional credit pertains to duties and taxes paid under the existing laws viz., under the Goa Value Added Tax Act, 2005, the same cannot be said to have been availed during the relevant period and thus, cannot be treated as part of 'Net ITC'. 9. Discrepancy between values of GST invoice and shipping bill/bill of export: Where the refund of unutilized input tax credit on account of export of goods is claimed and the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be ensured that no refund of the amount of CENVAT credit is granted in case the said amount has been transitioned under GST. The proper officers are advised to process such refund applications accordingly. 11. Filing frequency of Refunds: Section 2(107) of the Goa GST Act defines the term tax period as the period for which the return is required to be furnished. The terms 'Net ITC' and 'turnover of zero rated supply of goods/services' are used in the context of the relevant period in rule 89(4) of Goa GST Rules. The phrase 'relevant period' has been defined in the said sub-rule as 'the period for which the claim has been filed'. 11.1 In many scenarios, exports may not have been made in that period in which the inputs or input services were received and input tax credit has been availed. Similarly, there may be cases where exports may have been made in a period but no input tax credit has been availed in the said period. The above referred rule, taking into account such scenarios, defines relevant period in the context of the refund claim and does not link it to a tax period. 11.2 In this regard, it is hereby clarified that the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such goods can export the goods only under LUT/ bond and cannot export on payment of integrated tax. In this connection, Notification No. 38/1/2017-Fin(R C)(42)/434, dated 31.01.2018, published in the Official Gazette Series I No. 44, Extraordinary No. 2, dated 05.02.2018 may be referred. 14. Requirement of invoices for processing of claims for refund: It has been noticed that for processing of refund claims, copies of invoices and other additional information are being insisted upon by many proper officers. 14.2 A list of documents required for processing the various categories of refund claims on exports is provided in the Table. Apart from the documents listed in the Table, no other documents should be called for from the taxpayers, unless the same are not available with the officers electronically: Table Type of Refund Documents Export od Services with payments of tax (Refund of IGST paid on export of services) Copy of FORM RFD-01A filed on common portal Copy of Statement 2 FORM RFD-01A Invoices w.r.t. input, input services and capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X
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