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TMI BlogClarification on refund related issues.X X X X Extracts X X X X X X X X Extracts X X X X ..... details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in the FORM GSTR-2A of the applicant. Para 5 of the said trade circular is reproduced below: 5. Guidelines for refunds of Input Tax Credit under Section 54(3): 5.1 In terms of para 36 of Trade Circular No. 45/2019 dated 21.11.2019, the refund of ITC availed in respect of invoices not reflected in FORM GSTR-2A was also admissible and copies of such invoices were required to be uploaded. However, in wake of insertion of sub-rule (4) to rule 36 of the WBGST Rules, 2017 vide notification No. 1730-F.T., dated 16.10.2019, various references have been received from the field formations regarding admissibility of refund of the ITC availed on the invoices which are not reflecting in the FORM GSTR-2A of the applicant. 5.2 The matter has been examined and it has been decided that the refund of accumulated ITC shall be restricted to the ITC as per those invoices, the details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in the FORM GSTR-2A of the applicant. Accordingly, para 36 of the Trade Circular No. 45/2019, dated 21.11.2019 stands modified to that extent. 1.2 H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be reopened because of the clarification being issued by this circular. 2. Requirement of the undertaking in FORM RFD 01 inserted vide Trade Circular No. 45/2019 dated 21.11.2019. 2.1 Para 7 of Trade Circular No. 45/2019 dated 21.11.2019 provides for an undertaking to be provided by the applicant electronically along with the refund claim in FORM RFD-01 in accordance with the Rule 89(1) of WBGST Rules. Para 7 of Trade Circular No. 45/2019 dated 21.11.2019 is reproduced below: 7. Since the functionality of furnishing of FORM GSTR-2 and FORM GSTR-3 remains unimplemented, it has been decided by the GST Council to sanction refund of provisionally accepted input tax credit. However, the applicants applying for refund must give an undertaking to the effect that the amount of refund sanctioned would be paid back to the Government with interest in case it is found subsequently that the requirements of clause (c) of sub-section (2) of section 16 read with sub-section (2) of section 42 of the WBGST Act have not been complied with in respect of the amount refunded. This undertaking should be submitted electronically along with the refund claim. 2.2 In accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Annexure-B whose details are not found in GSTR-2A of the relevant period wherever required as supporting documents to be additionally uploaded stands removed/deleted. 3. Manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule 89 of WBGST Rules consequent to Explanation inserted in sub-rule (4) of Rule 89 vide Notification No. 1390-F.T. dated 23.08.2022. 3.1 Doubts have been raised as regarding calculation of adjusted total turnover under sub-rule (4) of rule 89 of WBGST Rules, in view of insertion of Explanation in sub-rule (4) of rule 89 of WBGST Rules vide Notification No. 1390-F.T. dated 23.08.2022. Clarification is being sought as to whether value of goods exported out of India has to be considered as per Explanation under sub-rule (4) of rule 89 of WBGST Rules for the purpose of calculation of adjusted total turnover in the formula under the said sub-rule. 3.2 In this regard, it is mentioned that consequent to amendment in definition of the Turnover of zero-rated supply of goods vide Notification No. 443-F.T. dated 03.04.2020, Trade Circular 07/2021 dated 06.05.2021 was issued which inter alia clarified that the same value of zero-rated/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... convertible foreign exchange or in Indian rupees, wherever permitted by the Reserve Bank of India 4.3 In this context, it has been clarified inter alia in para 45 of Trade Circular No. 45/2019 dated 21.11.2019 that: .exports have been zero rated under the IGST Act and as long as goods have actually been exported even after a period of three months, payment of Integrated tax first and claiming refund at a subsequent date should not be insisted upon. In such cases, the jurisdictional Commissioner may consider granting extension of time limit for export as provided in the said sub-rule on post facto basis keeping in view the facts and circumstances of each case. The same principle should be followed in case of export of services 4.4 Further, in Para 44 of the aforesaid Trade Circular, it has been emphasized that the substantive benefits of zero rating may not be denied where it has been established that exports in terms of the relevant provisions have been made. 4.5 The above clarifications imply that as long as goods are actually exported or as the case may be, payment is realized in case of export of services, even if it is beyond the time frames as prescribed in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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