GST Refund

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manual GST refund application
Blog
Kapil Mittal

Once the High court order issues, GST officer bound to accept manual GST refund application

In the recent judgement, Delhi High court made it clear that once order of the High Court was issued, the GST officer was bound by the same to accept manual GST refund application from the taxpayer. Delay in processing of refund claims and grant on provisional refund within the statutory timelines have resulted in severe working capital and compliance issues for taxpayers.  Often, taxpayers have approached courts to obtain directions from the courts in order to expedite the refunds.  Recently, the Delhi High Court in the case of GSI Products and AC Impex vs. Union of India and PC Universal

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recredit of rejected itc refund
Blog
Kapil Mittal

Input tax credit of rejected refund amount can be taken manually by taxpayer if not recredit by tax authorities

Where rejection of refund claim by the GST authorities, the rejected ITC should be recredit to Input tax credit ledger of taxpayer for utilisation. However Since there is no mechanism to do so, this resulted in certain difficulties to taxpayers in cases where the existing Input Tax Credit (‘ITC’) was not recredited by tax authorities for utilisation.  In this case, the Gujrat High Court (‘HC’) has provided valuable guidance on the subject in the case of M/s. Garden Silk Mills Ltd. Vs. Union of India (R/Spl Civil Appl No. 7397 Of 2018) vide order dated 11 April 2019. It has

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IGST Refund from Custom - Invoice mismatch Cases
Blog
Kapil Mittal

IGST Refund from Custom | Invoice mismatch Cases

Ministry of Finance via circular no. 05/2018-Customs, has clarified certain error done by exporters while filling there returns under GST consequently non – release of there IGST refund from custom where exports has been made on payment of IGST. Such cases are marked as SB005 error code by custom. As per said circular, 40000 crores refunds of refunds has been sanction by CBEC.  Information is being made available to exporters on a real-time basis with regard to the errors status on ICEGATE website for registered users. Details of refund sanctioned is being sent through SMS on registered mobile phones. Mistakes

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CLARIFICATION-ON-ISSUES-RELATING-TO-REFUND
Blog
Sachin Jindal

CLARIFICATION ON ISSUES RELATING TO REFUND

Various representations have been received seeking clarification on issues relating to refund. In order to clarify these issues and to ensure uniformity in the implementation of the provisions of law across the field formations, the Board, in exercise of its powers conferred by section 168 (1) of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “CGST Act”), hereby clarifies the issues as detailed. Submission of invoices for processing of claims of refund Now no need to submit copies of invoices (either original or duplicate). Refund claim shall be accompanied by a print-out of FORM GSTR-2A of

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Issues Related to SEZ and Refund of Unutilized ITC to fabric processors
Blog
Sachin Jindal

Circulars Clarifying Issues Related to SEZ and Refund of Unutilized ITC for Job Workers Circular No. 48/21/2018-GST

Representations have been received seeking clarification on certain issues under the GST laws. Further clarification has been asked with respect to Refund of Unutilized ITC to fabric processors. The same have been examined and the clarifications on the same are as below: Whether services of short-term accommodation, conferencing, banqueting etc. provided to a Special Economic Zone (SEZ) developer or a SEZ unit should be treated as an interState supply (under section 7(5)(b) of the IGST Act, 2017) or an intra-State supply (under section 12(3)(c) of the IGST Act, 2017)?  1.1 As per section 7(5) (b) of the Integrated Goods and

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

Refund of Input Tax credit on account of Inverted Duty Structure 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 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. Determination of ITC amount to be lapse

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Refund of ITC to Merchant Exporter
Exports of Goods and Services
Kapil Mittal

GST on supplies by Merchant Exporter and Refund to Merchant exporter

Recently CBIC has released clarification on how merchant exporter can claim refund of accumulated ITC where supplies has been mad by him taking benefits vide notification no. 40/2017-Central Tax (Rate), Dated: October 23, 2017 & Notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017 GST on supplies by Merchant Exporter Central Board of Indirect Taxes (“CBIC” or “Department”) has exempted supplies to merchant exporters from Goods and Service Tax (“GST”) leviable in excess of 0.10% vide notification no. 40/2017-Central Tax (Rate), Dated: October 23, 2017 & Notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017 subject to certain

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ITC to fabric manufacturer (1)
Goods and Service Tax
Sachin Jindal

Refund of ITC to fabric manufacturer and textile job worker

Refund of accumulated Input tax credit to fabric manufacturer and fabric processor in textile sector on account of inverted duty structure has been disallowed initially. Such dis-allowance was in pursuant to power vested under section 54(3), department issued Notification No. 5/2017-Central tax (Rate) dated 28th June, 2017 wherein it specified list of items on which no refund will be allowed on ground of inverted duty structure. There after some major circular and notification have been issued by department to allow refund of ITC to fabric manufacturer and textile job worker on account of inverted duty structure. Accordingly latest CBIC has

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