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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST Update on CLARIFICATION ON REFUND RELATED ISSUES

GST Update on CLARIFICATION ON REFUND RELATED ISSUES


CLARIFICATION ON REFUND RELATED ISSUES
Various amendments have been made by the government by issuing several notifications and circulars on 31st day of December, 2018. In this update, we are discussing Circular No. 79/53/2018-GST dated 31st December, 2018 being issued to describe the change in mode of submission of refund claims and clarifications regarding various other issues.
1. Change in mode of submission of refund claims with jurisdictional proper officer-
• Till now taxpayers were required to file FORM GST RFD – 01A on the portal, generate the ARN and submit the documents physically in the office of jurisdictional officer. A modification has been made and all the documents, undertakings, statements required to be submitted along with the refund claim shall be uploaded on the portal at the time of filing of refund application. Further the invoices where the details are not found in GSTR-2A for the relevant period can as well be uploaded electronically at the time of filing of refund claim. The taxpayers still have the option to physically submit the application to the proper jurisdictional officer.
• The ARN shall be issued after the completion of the above process and acknowledgement shall be issued within 15 days from the date of generation of ARN. But the said acknowledgement or deficiency memo shall be issued manually by the tax officer.

2. Calculation of Refund amount for refund claim on account of inverted duty structure.
• The departmental officers were denying refund of ITC on inputs having equal or lower rate of GST as on Outward supply. But this circular has clarified that refund of unutilized ITC in case of inverted duty structure is available where ITC remains unutilized after setting off available ITC for the payment of output tax liability. Where there are multiple inputs attracting different rates of tax, in the formula provided in rule 89(5) of the CGST Rules, the term “Net ITC‟ covers the ITC availed on all inputs in the relevant period, irrespective of their rate of tax. 
• Let’s understand this with the help of an example. Suppose in the manufacture of final Product A (Taxable @ 12%), we use two different inputs say input X (Taxable @ 5%) and input Y (Taxable @ 18%). Product A is sold at Rs. 5,000/- (the output liability shall be Rs. 600[5000*12/100]) and input X is acquired at Rs. 500/- (the credit amount shall be Rs. 25/-[500*5/100]) whereas input Y is purchased for Rs. 3500/- (the credit amount shall be Rs. 630/- [3500*18/100]). 
As per Rule 89(5) of the CGST Rules, 2017- Maximum Refund Amount = (Turnover of Inverted Rated Supply of Goods and Services* Net ITC / Adjusted total turnover)- Tax payable on such inverted rated supply of goods and services. This equals to = {5000*(25+630)/5000}-600= Rs. 55 which is the maximum refund amount that is sanctionable.

3. Disbursal of refund amounts after sanction
• This circular advices the tax officers to issue the final sanction orders in FORM GST RFD-06 within 45 days of the date of generation of ARN. Section 56 of the CGST Act states that if any tax ordered to be refunded is not refunded within 60 days of the date of receipt of application, interest at the rate of 6 per cent on the refund amount starting from the date immediately after the expiry of sixty days from the date of receipt of application (ARN) till the date of refund of such tax. Therefore, if the refund is not sanctioned within 60 days then the department is liable to pay tax payers interest @ 6%. Interest will be calculated starting from the date immediately after the expiry of sixty days from the date of receipt of the application till the date on which the amount is credited to the bank account of the claimant.

4. Refund applications that have been generated on the portal but not physically received by jurisdictional tax offices
• Prior to the issue of this circular, many refund applications might have been filed on the portal but not submitted manually to the officers. This circular prescribes the procedure to be followed by the officers in such cases. It states that
a) All refund applications in which the amount claimed is less than the statutory limit of Rs. 1,000/- shall be rejected and the amount re-credited to the electronic credit ledger.
b) Where the refund amount in the application is greater than Rs. 1000/- has been claimed, a list of applications which have not been received in the jurisdictional tax office within a period of 60 days starting from the date of generation of ARN may be compiled. A communication may be sent to all such claimants on their registered email ids, informing that the application needs to be physical submitted to the jurisdictional tax office within 15 days of the date of the email. The claimant may be further informed that if he/she fails to physically submit the application within 15 days of the date of the email, the application shall be summarily rejected and the debited amount, shall be re-credited to the electronic credit ledger.

6. ITC on invoices of earlier period availed in the subsequent period (say invoice has been raised in August but goods have been received in September, then the credit is claimed in the month of September) is to be taken into consideration for the calculation of refund of unutilized ITC filed for the subsequent month. In this regard circular clarifies that ITC of invoices issued in earlier period availed in subsequent period cannot be excluded from the calculation of the refund amount for the month of subsequent period.

7. This circular clarifies the term “Inputs” for the purpose of claiming refund under GST regime. Tax Authorities do not consider ITC on stores and spares, packing materials, materials purchased for machinery repairs, printing and stationery items, as part of Net ITC on the grounds that these are not directly consumed in the manufacturing process and therefore, do not qualify as input. It is clarified that ITC of GST paid on inputs shall be available to a person as long as he/she uses or intends to use such inputs for the purposes of his/her business and there is no specific restriction on the availment of such ITC. The GST paid on inward supplies of stores and spares, packing materials etc. shall be available as ITC as long as these inputs are used for the purpose of the business and/or for effecting taxable supplies, including zero-rated supplies, and the ITC for such inputs is not restricted under section 17(5) of the CGST Act. 
8. Refund of tax paid on input services and capital goods is not allowed in the case of refund of input tax credit accumulated on account of inverted duty structure. 
This is solely for the educational purpose.

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