Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

ISSUES ARISING WHILE SANCTIONING OF REFUND OF EXPORTS WITH PAYMENT OF DUTY

ISSUES ARISING WHILE SANCTIONING OF REFUND OF EXPORTS WITH PAYMENT OF DUTY
Almost more than 9 months have been passed since the GST has been implemented. But still the registered exporters are facing lot of issues every other day due to lack of proper co-ordination between GST portal and Customs EDI system in getting refunds. In this update, we will be listing out the common problems faced by the exporters due to wrong filing of returns resulting into non-sanctioning of refunds under exports with payment of duty.
 
For refund of exports with payment of duty, there are some conditions laid down for successful claiming of such refund which are:
 
1.     GSTR-3B for the month is filed;
2.     Table 6A of GSTR-1 has been filed;
3.     Details of Shipping Bill and Invoice provided in Table 6A of GSTR-1 should match; and
4.     The IGST amount mentioned in GSTR-3B under zero rated supply should tally to the IGST mentioned in Table 6A of GSTR-1.
 
However, certain mistakes or mismatch in the amount leads to non-sanctioning of such refunds thereby laying further hardships on exporters. Although exporters have been given an option to rectify any error committed while filing in GSTR 1 through Table 9A of GSTR 1 same facility is not been provided for return GSTR-3B. Moreover, there are large number of cases wherein data has still not been transmitted by GSTN to Customs EDI system due to failure on account of other validations at their end.
 
There has been a circulation of circular no. 450/36/2018-Cus IV dated 28.03.2018 on TAXGURU site which states that one of the validation check done by GSTN is to ensure that the refund claimed is not more than the IGST paid by the exporter. However, such validation error is due to the following reasons:
 
I.                   Issues pertaining to declaration of Cess amount
 
Validation Error:Table 6A of GSTR 1 requires feeding of export details with regard to IGST mainly the rate, taxable value and amount on account of exports. However, for earlier periods of GST regime, there was no column for declaration of cess amount due to which the exporters filed the accumulated (IGST + cess) amount in the tax head. This resulted in mismatch of amount with GSTR-3B ensuing non transfer of such export details by GSTN to Customs EDI system leading to delay in refunds.
 
Solution:For non transmission of data validation error GSTN and Principal CCA are resorting to system based solution.
 
II.                 Export Supplies has been declared as domestic supplies in GSTR 3B-
 
Validation error: The most common mistake done by exporters is declaration of export supplies in domestic supplies, which means, in GSTR-3B export details are declared in outward supplies (i.e. in Table 3.1 (a)) instead of zero-rated supply instead of (Table 3.1 (b)).
 
Solution:In cases where it can be established that the mistake is only on account of feeding details as above which cannot be resolved by computing using system/logic, the GST field officers will scrutinize the returns as following and seek necessary clarification from the exporters wherever necessary:
 
1.     The officers would compare the aggregate data of inter- state supplies as declared in Table 4, 5, 6A and 7B along with amendments, if any declared in Table 9, 10 and 11 of FORM GSTR-1, with the aggregate data of inter-state supplies declared in Table 3.1(a), 3.1(b) and 3.1(d) of FORM GSTR-3B. Thereafter, if the aggregate values get matched, then the officer would calculate the notional value of Table 3.1(b) on the basis of reconciliation which should be greater than IGST amount declared in Table 6A of GSTR-1.
 
2.     While reconciling the data, the officer shall also take into account the amount of IGST paid as shown under Table 6.1 of GSTR 3B.
 
3.     In no case, the notional values of IGST in Table 3.1 shall exceed the value of IGST paid in Table 6.1 of GSTR 3B with the purpose to ascertain whether details pertaining to export supplies are actually filed under domestic supplies or not.
 
4.     The department may ask from the exporters about the errors made while filing Table 3.1(b) of GSTR 3B in written to ensure that revised values submitted by exporters in Table 6A of GSTR 1 shall be less than or equal to that in 3.1(b) of GSTR 3B.
 
III.              Any issue other than above
 
In all other cases, where the errors are committed by exporter a letter from exporter explaining the error and the correction to be made in GST return shall be taken wherein exporter may also provide a certificate from CA that the IGST has been paid on export or goods for which IGST refund is being claimed.
 
Although this solution seems to be feasible to get refund of exports with payment of duty with the help of manual intervention wherein all the aggregate amounts are to be verified by the officer of Customs, it is yet to be issued officially on website of CBIC i.e. www.cbec.gov.in.
 
The content of this GST update is for educational purpose only and not intended for solicitation.
 
 
You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/as well as follow us on Twitter at https://www.twitter.com/@capradeepjain21
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com