9911796707
TMI BlogClarification on refund related issuesX X X X Extracts X X X X X X X X Extracts X X X X ..... sioner of State Taxes and Excise, Incharge Distt. Kinnour, H.P. Dated Shimla-9 20th March, 2021. Madam/Sir, Subject: Clarification on refund related issues Reg. Various doubts have been arisen on some of the issues relating to GST refunds. In order to ensure uniformity in the implementation of the provisions of the law, in exercise of powers conferred under section 168 of the Himachal Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as HPGST Act ), the issues are clarified as under: 2. Clarification in respect of refund claim by recipient of Deemed Export Supply 2.1 Doubts have been arisen in respect of difficulties being faced by the recipients of the deemed export supplies in claiming refund of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the recipient files for refund claim. The said restriction has been placed by the Circular No. 125/44/2019-GST dated 10.12.2019. 2.4 In order to ensure that there is no dual benefit to the claimant, the portal allows refund of only Input Tax Credit (ITC) to the recipients which is required to be debited by the claimant while filing application for refund claim. Therefore, whenever the recipient of deemed export supplies files an application for refund, the portal requires debit of the equivalent amount from the electronic credit ledger of the claimant. 2.5 As stated above, there is no restriction under 3rd proviso to Rule 89(1) of HPGST Rules, 2017 on recipient of deemed export supply, claiming refund of tax paid on such deemed expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rn filed for the said tax period. The recipient shall also be required to declare that the supplier has not claimed refund with respect to the said supplies. The procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Software Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export as laid down in Circular No. 14/14/2017-GST dated 03.02.2018 needs to be complied with. 3. Extension of relaxation for filing refund claim in cases where zero-rated supplies has been wrongly declared in Table 3.1(a). 3.1 Para 26 of Circular No. 125/44/2019-GST dated 10th December, 2019 gave a clarification in relation to cases where taxpayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eloper in table 3.1(a) instead of table 3.1(b) of FORM GSTR-3B till 31.03.2021. Accordingly, para 26 of Circular No. 125/44/2019-GST dated 10.12.2019 stands modified as under: 26. In this regard, it is clarified that for the tax periods commencing from 01.07.2017 to 31.03.2021, such registered persons shall be allowed to file the refund application in FORM GST RFD-01 on the common portal subject to the condition that the amount of refund of integrated tax/cess claimed shall not be more than the aggregate amount of integrated tax/cess mentioned in the Table under columns 3.1(a), 3.1(b) and 3.1(c) of FORM GSTR-3B filed for the corresponding tax period. 4. The manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over of supplies in respect of which refund is claimed under sub-rule (4A) or sub-rule (4B) or both, if any, during the relevant period. 4.4 Turnover in state or turnover in Union territory as referred to in the definition of Adjusted Total Turnover in Rule 89 (4) has been defined under sub-section (112) of Section 2 of HPGST Act 2017, as: Turnover in State or turnover in Union territory means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter State supplies of goods or services or both made from the State or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said sub-rule. The same can explained by the following illustration where actual value per unit of goods exported is more than 1.5 times the value of same/ similar goods in domestic market, as declared by the supplier: Illustration : Suppose a supplier is manufacturing only one type of goods and is supplying the same goods in both domestic market and overseas. During the relevant period of refund, the details of his inward supply and outward supply details are shown in the table below: Net admissible ITC = ₹ 270 All values in Rs. Outward Supply Value per unit No of units supplied Turnover Turnover as per amended defin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
