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TMI BlogRefund on SEZ UnitX X X X Extracts X X X X X X X X Extracts X X X X ..... Refund on SEZ Unit X X X X Extracts X X X X X X X X Extracts X X X X ..... RC-03. Now at the time of raising an taxable invoice the customer becomes an SEZ unit and client is opting for Zero rated supply without payment of taxes. Whether we are eligible for claiming refund of CGST and SGST paid as we cannot adjust GST paid on advance against subsequent invoices Reply By KASTURI SETHI: The Reply: Yes. Your client is entitled to refund under Section 54 (8)(a) of CGST Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itself. Also fulfill the condition laid down in Section 54(8)(e) of CGST Act. Refund must not be hit by the principles of unjust enrichment. An advance amount is always subject to final adjustment and your client is unable to adjust the same by virtue of being SEZ unit. Advance itself is not a 'consideration' . Reply By Vinay Kumar: The Reply: Dear Sir, I seek clarification on your abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e advice. As this transaction results to inter-state supply (Supply to SEZ) how we can claim a refund of CGST & SGST paid earlier on the same transaction. Hence I feel refund has to be filed under 54(8)(d) which provides for a refund in case of wrong assessment of the place of supply. Reply By KASTURI SETHI: The Reply: Section 54 (8)(a) refund of tax paid on [export] of goods or services or bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h or on inputs or input services used in making such [exports]; Section 54 (8) (d) Refund of tax in pursuance of section 77; SECTION 77. Tax wrongfully collected and paid to Central Government or State Government. You have not wrongfully collected tax. The unit got the status of SEZ officially on filing application by the party. Have you collected and paid wrongfully ? The word, 'wrongfully ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ' is not applicable to your transaction. Section 54 (8)(a) is more appropriate. In case you have any doubt, apply after consultation with your jurisdictional GST Officer who is to sanction the refund. Reply By Alkesh Jani: The Reply: Sir, In this matter some sort of clarification is needed, as the said amount is paid by DRC-03 and not by way of utilizing credit or cash ledger account. What ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kind of declaration was made in GSTR-1 and GSTR-3B at the time of receipt of advance. Please elaborate your query so that our expert can give the best advice.
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