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Processing of GST refund, where refund application allocated to wrong tax authority
Circulars
CA. Sachin Jindal

Processing of GST refund, where refund application wrongly allocated

CBIC clarifications that processing of GST refund should not be held up and processed by authority where the application has been wrongly allocated by the system. The Central Board of Indirect Taxes and Customs (‘CBIC’) vide Circular No. 104/23/2019-GST dated 28 June 2019 has clarified the authority who is required for Processing GST refund wrongly allocated applications of taxpayers in cases of incorrect mapping. The division of taxpayer base between the Centre and States to ensure a Single Interface under GST is critical to ensure the smooth and seamless flow of business operations.  1. Issues The GST refund applications filed

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16/10/2019
gst cicular no 111
GST Refund
CA. Kapil Mittal

GST Refund subsequent to favorable order in Appeal or any other Forum

Goods and Service Tax (“GST”) provides an option to file an appeal against the order of lower authorities. Therefore, if the refund application of any taxpayer gets rejected or GST Refund out of Appeal then he may file an appeal with the next appellate authority. Rejection order is passed in form GST RFD-06. CBIC received various representations asking to clarify procedure of claiming refund finalised through Appeals or any other Forum. Accordingly, CBIC has clarified such issue vide Circular No. 111/30/2019-GST about manner of handling such issue in following manner: Procedure of handling GST Refund out of Appeal 1. Pre-requiste

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07/10/2019
gst nil refund
GST Refund
CA. Sachin Jindal

Have you mistakenly filled NIL GST refund|Option to Re-file is available now

Being Goods and Service Tax (“GST”) is new so, possibility of errors in filing of refund application is high. Have you erroneously filed NIL GST refund application under GST though you had a genuine refund claim of such period? Till now, option to re-file refund application is not available. Understanding genuine hardship to taxpayers, CBIC has issued a Circular No. 110/29/2019 – GST dated 3rd October, 2019, wherein it provided an option to re-file refund application if taxpayer has inadvertently filed NIL GST refund application. 1. Erroneous NIL GST refund application Whenever a registered person proceeds to file GST RFD-01/01A

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07/10/2019
Impact of GST on Post sales Discount
GST Refund
CA. Kapil Mittal

IGST Refund to exported| Mismatch between GSTR-1 & GSTR-3B

“Export” is considered as a major contributor to any economy and therefore, government makes all possible efforts to increase it. For this purpose, exports are kept free from any kind of taxes including Goods and Service Tax. To substantiate such principle, export of goods or services or both has been classified as “Zero Rated Supply” under Integrated Goods and Service Tax, 2017 (“IGST Act”) and accordingly, such supply is not liable to Goods and Service Tax (“GST”). To claim benefit of such “zero rated supply”, GST law provides for either of the following options: Exporter may export goods without payment

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14/09/2019
GST on monthly subscription received by RWA
Liabilities
CA. Kapil Mittal

GST on monthly subscription received by RWA

CBIC clarified that monthly contribution received by RWA upto INR 7,500/- exempted  from GST, RWA is entitled to take ITC on Capital Goods, Input and input services Central Board of Indirect Taxes & Customs (“CBIC” or “Department”) received various representations regarding ambiguity in complying with provisions of Goods and Service Tax (“GST”) on monthly subscription received by Resident Welfare Association (“RWA”) or GST on RWA from its members. Clarification on issues related to GST on RWA Accordingly, CBIC issued circular No. 109/28/2019-GST dated 22nd July, 2019 to provide clarification on the following issues related to the monthly subscriptions being collected

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27/07/2019
GST on goods sent outside India under sale or approval basis
GST Refund
CA. Sachin Jindal

GST on goods sent outside India under sale or approval basis

CBIC clarifies on taxability of goods sent/ taken out of India for exhibition or on consignment basis for export promotion Indian exporters engage in several business promotion activities outside India in order to expand their outreach globally and increase volumes. Certain activities may require physically showcasing the goods to the potential buyers in order to strike deals and finalise sale orders. In this connection, the goods would have to be taken outside India for demonstration to the potential buyers either directly in exhibitions, trade fairs, business congregations, industry meets etc. or indirectly through distributors/ agents on consignment basis. The goods

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27/07/2019
ITeS and backend support service, Intermediary or not
Exports of Goods and Services
CA. Kapil Mittal

ITeS and backend support service, Intermediary or not

Supplier of ITes services will not be covered under the provision of Intermediary and quality for export of services however provide of certain backend support services to foreign customer will fall under the definition of intermediary and not qualified for export benefits under GST The Indian ITeS industry generates significant foreign exchange for India and is one of the emerging hubs of the world.  Nevertheless, the Indian ITeS industry has been facing significant competition from its Asian counterparts like Philippines, Vietnam etc.  In this context, the Government of India has provided various export incentives to make Indian ites backend support

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24/07/2019
Impact of GST on Post sales Discount
Goods and Service Tax
CA. Sachin Jindal

Impact of GST on Post sales Discount

CBIC clarifies its stance on GST on Post sales Discount that if the post-sales discount has been given in pursuant to contract at or before the sale, GST would not be applicable on such discount however if given discount requires some action at dealer end, GST would be applicable on such discounts as a separate supply. Applicability and impact of Goods and Services Tax (‘GST’) on sale promotion schemes has always been a complex and litigious issue. The Central Board of Indirect Taxes and Customs (‘CBIC’) had earlier issued Circular No. 92/11/2019-GST dated 7 March 2019 providing clarifications on sales

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22/07/2019
GST on additional/ penal interest under EMI schemes
Circulars
CA. Sachin Jindal

GST on additional/ penal interest under EMI schemes

CBIC clarifies on the applicability of GST on additional/ penal interest under EMI schemes An Equated Monthly Instalment (‘EMI’) is a fixed amount paid by the borrower to the lender on a specified date every month. The EMI includes month principal and interest components, which aggregate to an equal amount of outflow every month.  Over a specified period, the loan is fully paid off along with interest. In cases the EMI payment schedule is not complied, there could be levy of additional interest/ penal interest to compensate for the delay.  Clarifications were sought if GST was also applicable on additional/

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22/07/2019
Verification of IGST Refund
Circulars
CA. Sachin Jindal

CBIC introduces additional safeguards for verification of IGST refunds on exports with payment of tax

In order to make India’s exports competitive in the global markets and in line with the principles of international trade and commerce of zero-rating exports, the GST and customs laws have provisions on place for grant of refunds in case of input taxes paid on exported goods.  On similar lines, the GST law also has an alternative route to benefit the exporters – ‘export of goods with payment of taxes’, wherein the taxes paid on sale would be refunded. In line with this initiative, the Central Board of Indirect Taxes and Customs (‘CBIC’) has brought in several exporter friendly and

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18/06/2019
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