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TMI BlogClarifications on refund related issuesX X X X Extracts X X X X X X X X Extracts X X X X ..... exercise of its powers conferred by section 168 of the Assam Goods and Service Tax Act, 2017 (hereinafter referred to as, the Assam GST Act ), hereby clarifies the issues as detailed hereunder: Sl No. Issue Clarification 1. Certain registered persons have reversed, through return in FORM GSTR-3B filed for the month of August, 2018 or for a subsequent month, the accumulated input tax credit (ITC) required to be lapsed in terms of notification Government of Assam, Finance (Taxation) Department, notification No. 20/2018 (Rate), dtd. 24.09.2018 [FTX.56/2017/Pt-111/144 dtd. 24.09.2018] published in the Assam Gaz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relate to the same tax period in which such reversal has been made. b) The application shall be accompanied by all statements, declarations, undertakings and other documents which are statutorily required to be submitted with a refund claim of unutilized ITC on account of accumulation due to inverted tax structure . On receiving the said application, the proper officer shall himself calculate the refund amount admissible as per rule 89(5) of Assam Goods and Services Tax Rules, 2017 (hereinafter referred to as Assam GST Rules ), in the manner detailed in para 3 of Circular No. 24/2018-GST [CT/GST15/ 2017/195 dtd. 25.10.2018]. After calculating the admissible refund amount, as described above, and scrutinizing the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e return in FORM GSTR-3B for any month subsequent to August, 2018 or through FORM GST DRC-03 subsequent to the due date of filing of the return in FORM GSTR-3B for the month of August, 2018? a) As the registered person has reversed the amount of credit to be lapsed in the return in FORM GSTR-3B for a month subsequent to the month of August, 2018 or through FORM GST DRC-03 subsequent to the due date of filing of the return in FORM GSTR-3B for the month of August, 2018, he shall be liable to pay interest under subsection (1) of section 50 of the Assam GST Act on the amount which has been reversed belatedly. Such interest shall be calculated starting from the due date of filing of return in FORM GSTR-3B for the month of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claiming refund of unutilized input tax credit on account of zero-rated supplies without payment of tax has received supplies on which the supplier has availed the benefit of the said notifications, the refund of input tax credit, availed in respect of such inputs received under the said notifications for export of goods, shall be granted. b) This refund of accumulated ITC under rule 89(4B) of the Assam GST Rules shall be applied under the category any other instead of under the category refund of unutilized ITC on account of exports without payment of tax in FORM GST RFD-01A and shall be accompanied by all supporting documents required for substantiating the refund claim under the category refund of unutilized ITC on ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... separately for cases in which such re-credit has already been carried out. However, no such clarification has yet been issued and several refund claims are pending on this account. In such cases, the claimant may re-submit the refund application manually in FORM GST RFD-01A after correction of deficiencies pointed out in the deficiency memo, using the same ARN. The proper officer shall then proceed to process the refund application as per the existing guidelines. After scrutinizing the application for completeness and eligibility, if the proper officer is satisfied that the whole or any part of the amount claimed is payable as refund, he shall request the taxpayer, in writing, to debit the said amount from his electro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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