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TMI BlogClarifications on refund related issues under GSTX X X X Extracts X X X X X X X X Extracts X X X X ..... and Services Tax Act, 2017 (hereinafter referred to as NGST 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 F.NO.FIN/REV3/GST/1/08(Pt-1)/221 dated 26.07.2018 read with circular No. 56/30/2018-GST dated 24.08.2018 (hereinafter referred to as the said notification ). Some of these registered persons, who have attempted to claim refund of accumulated ITC on ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Nagaland Goods and Services Tax Rules, 2017 (hereinafter referred to as NGST Rules ), in the manner detailed in para 3 of Circular No. 59/33/2018-GST dated 04.09.2018. After calculating the admissible refund amount, as described above, and 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 electronic credit ledger through FORM GST DRC-03. Once the proof of such deb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 sub-section (1) of section 50 of the CGST 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 August, 2018 till the date of reversal of said amount through FORM GSTR-3B or through FORM GST DRC-03, as the case may be. b) The registered person who has reversed the amount of credit to be lapsed in the return in FORM GSTR-3B for any month subsequent to August, 2018 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his refund of accumulated ITC under rule 89(4B) of the NGST 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 account of exports without payment of tax . 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 electronic credit ledger through FORM GST DRC-03. Once the proof of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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 electronic credit ledger through FORM GST DRC-03. Once the proof of such debit is received by the officer, he shall proceed to issue the refund order in FORM GST RFD-06 and the payment advice in FORM GST RFD-05. 2. It is requested that suitable trade notices may be issued to publicize the contents of this Circular. 3. Difficulty, if any, in implementation of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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