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TMI BlogClarification on refunds under exports without payment of taxX X X X Extracts X X X X X X X X Extracts X X X X ..... Clarification on refunds under exports without payment of tax X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 23/10/2017) Am I eligible for refund under exports without payment of tax under LUT on 10Cr under rule 89(4) of CGST rules, 2017??? Reply By Rajagopalan Ranganathan: The Reply: Sir, Asper sub-rule 4B of Rule 89 of CGST Rules,2017 " [(4B) Where the person claiming refund of unutilised input tax credit on account of zero rated supplies without payment of tax has - (a) received s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upplies on which the supplier has availed the benefit of the Government of India, Ministry of Finance, notification No. 40/2017-Central Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1320(E), dated the 23rd October, 2017 or notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1321(E), dated the 23rd October, 2017; or (b) availed the benefit of notification No. 78/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1272(E), dated the 13th October, 2017 or notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. 79/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1299(E), dated the 13th October, 2017, the refund of input tax credit, availed in respect of inputs received under the said notifications for Export of goods and the input tax credit availed in respect of other inputs or input services to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Extent used in making such Export of goods, shall be granted. In view of the provisions you are eligible to avail refund of tax paid under Notification No. 40/2017-C.T. (Rate) dated 23.10.2017. Reply By CAVenkataprasad Pasupuleti: The Reply: Dear sir, You are eligible for making exports under LUT and claim the refund of unutilised ITC. There is no restriction in Section 54 of CGST Act, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 read with Rule 89 of CGST Rules, 2017 on claiming the refund of unutlised ITC even if benefit of Notification No. 40/2017- C.T (R) dated 23.10.2017 is availed.
What is restricted is only the option of making exports with payment of GST and claiming refund of such IGST. Refer Rule 96(10) of CGST Rules, 2017 as amended for this purpose. X X X X Extracts X X X X X X X X Extracts X X X X
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