Refund of Input Tax credit on account of Inverted Duty Structure to Textile sector

ITC refund to textile sector

Clarification has been brought with respect to provision ITC refund to textile sector and for lapsing of input tax credit accumulated on account of inverted duty structure on fabric for period upto 31st July 2018 as per notification no- 20/2018 dt. 26th July 2018.

Following clarification has been provided in circular 56/2018 dated 24th August 2018

  1. In terms of amendment notification, the input tax credit only on account of inverted duty structure lying in the balance after payment of GST for the month of July (on purchase made on or before the 31st July 2018) shall lapse.
  2. Determination of ITC amount to be lapse shall be as per formula is given u/s 89(5) of CGST rules. Such amount shall be determined for the months from July 2017 till July 2018.
  3. Stock as on 31st July 2018: In case a manufacturer, whose accumulated ITC is liable to lapse in terms of said notification, has certain stock lying in balance as on 31st July 2018, the Input tax credit involved in inputs contained in such stock (including inputs lying as such) may be excluded for determination of net ITC for the purpose of applying the said formula.
  4. No effect will on balance ITC availed on Input services and capital goods. i.e. Such ITC shall not lapse.
  5. The Reversal in GSTR-3B: This amount shall, upon self-assessment, be furnished by such person in his GSTR-3B return for the month of August 2018. The amount shall be furnished in column 4B(2) of the return. Verification of accumulated ITC amount so lapsed may be done at the time of filing of the first refund by such person. Therefore detailed calculation sheet in respect of accumulated ITC lapsed shall be prepared by the taxable person and furnished at the time of filing of first refund claim on account of inverted duty structure.

Refund of all unutilised ITC on Inputs – Refund under Inverted duty structure

DISCLAIMER: The views expressed are strictly of the author and VJM & Associates LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

Facebook
Twitter
LinkedIn
WhatsApp
Related Post
MCA imposed Penalty for failure to issue and transfer shares in Demat form
Others
CA. Kavit Vijay

MCA imposed Penalty for failure to issue and transfer shares in Demat form

As per Section 29(1A) of Companies Act read with Rule 9A of The Companies (Prospectus and Allotment of Securities) Rules, 2014, every unlisted public company shall ensure that before issuance of any securities entire holding of securities of its promoters, directors, key managerial personnel has been dematerialised in accordance with provisions of the Depositories Act 1996. Further,  every shareholder of an unlisted public company is required to dematerialise its securities before transfer, if such transfer is made on or after 2nd October, 2018.

Read More »
Proceedings can’t be initiated under Section 74 when tax liability is already discharged along with interest
Judgements
CA. Sachin Jindal

Proceedings can’t be initiated under Section 74 when tax liability is already discharged along with interest

The petitioner is engaged in the business of generation of electricity through solar plants. The GST returns filed by the petitioner for the period of July, 2017 to March, 2019 were subject to audit. The petitioner was informed about tax liability during audit proceedings on account of wrong availment of ITC and ITC availed with respect to exempted supply. Upon receipt of initial audit observation, the petitioner discharged the entire tax liability alongwith interest. The final audit report was issued much after payment of GST liability. Post audit, the respondent issued show cause notice to the petitioner under Section 74 of CGST Act and confirmed the demand through DRC-07. The petitioner contended that it falls under purview of Section 73(1) and 73(5) of CGST Act and therefore, SCN under section 74 is not sustainable. Whereas, the respondent contended that this is the case of fraud and willful misstatement.

Read More »

V J M & Associates LLP

Contact Us

X