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TMI BlogRefund of IGST CGST for exportersX X X X Extracts X X X X X X X X Extracts X X X X ..... Refund of IGST CGST for exporters X X X X Extracts X X X X X X X X Extracts X X X X ..... er who have not filed CENVAT returns because his manufacturing was exempt goods and he has not file Trans-1 in which CENVAT portion credit was in his CGST electronic credit ledger. Then how the exporter shall get refund of the CGST and IGST in the compliance with sec 16(3) of CGST Act, 2017 for the goods manufactured from the stock of 30.06.2017 and my goods are on consumption basis. With Warm Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gards J S Uppal Advocate Reply By Rajagopalan Ranganathan: The Reply: Sir, According to Section 18 (d) of CGST Act, 2017 " where an exempt supply of goods or services or both by a registered person becomes a taxable supply, such person shall be entitled to take credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atable to such exempt supply and on capital goods exclusively used for such exempt supply on the day immediately preceding the date from which such supply becomes taxable." Therefore I presume that the goods manufactured by you had become taxable with effect from 01.07.2017. Therefore you shaould have claimed the credit in respect of input stocks held as on 30.6.2017 by filing Tans-1. Now th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e last date for filing Trans-1 has expired and hence you cannot claim the credit taxes paid on stocks held as on 30.6.2017. Moreover, according to Section 18 (2) of CGST Act, 2017 " a registered person shall not be entitled to take input tax credit under sub-section (1) in respect of any supply of goods or services or both to him after the expiry of one year from the date of issue of tax inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oice relating to such supply." Therefore the invoices issued by the manufactures of the inputs held in stock by you as on 30.6.2017 would have been issued prior to 30.6.2017. As on date according to Section 18 (2) you will not be eligible to take the credit since all the invoices would have been issued beyond one year from now. Even if you move your jurisdictional High Court and claim any r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elief and if the relief prayed for is granted under Art. 226 the above provision will come in your way to claim the credit. In short at this point of time you cannot claim the credit of stocks held as on 30.6.2017. This is my opinion. Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: Shri Rajagopalan gave a splendid reply to this query. Reply By Ramaswamy S: The Reply: Agree with Mr Rajagopalan. ..... X X X X Extracts X X X X X X X X Extracts X X X X .....
Regards
S.Ramaswamy
Reply By subramanian vijayakumar:
The Reply:
I agree with the views of the expert Rajagobalan sir X X X X Extracts X X X X X X X X Extracts X X X X
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