Inverted-duty refunds require credit-note turnover adjustment, while consequential re-computation remains permissible without reopening eligibility or merits.
Credit-note values reversing supplies must be deducted from outward taxable turnover when calculating an inverted-duty refund under the statutory refund formula. The circular-based exclusion for identical input and output supplies does not apply where no output-rate reduction occurred and higher-taxed chemicals, dyes and consumables were used to process fabric; the refund claim remains governed by the statutory formula. Consequential re-computation by the original authority, after eligibility and parameters are conclusively determined, is a ministerial exercise and not a prohibited remand because it does not reopen merits or permit fresh adjudication.
Issues: (i) Whether credit-note value must be excluded from turnover for calculating an inverted-duty refund; (ii) Whether Circular No. 135/05/2020-GST dated 31.03.2020 bars an inverted-duty refund where higher-taxed processing inputs are used for fabric supplies; (iii) Whether a direction for consequential re-computation after deciding refund eligibility constitutes a prohibited remand.
Issue (i): Whether credit-note value must be excluded from turnover for calculating an inverted-duty refund.
Analysis: Section 34(1) of the Central Goods and Services Tax Act, 2017 recognises issuance of credit notes where supplies are returned, rejected, deficient, or their taxable value or tax is reduced. For applying the refund formula under Section 54(3)(ii) of that Act read with Rule 89(5) of the Central Goods and Services Tax Rules, 2017, a credit note reflecting reversal of a supply is required to be deducted from outward taxable turnover.
Conclusion: Credit-note value must be deducted from outward taxable turnover for refund computation; the finding is in favour of the assessee.
Issue (ii): Whether Circular No. 135/05/2020-GST dated 31.03.2020 bars an inverted-duty refund where higher-taxed processing inputs are used for fabric supplies.
Analysis: Paragraph 3 of the Circular concerns accumulated credit arising from a reduction in the GST rate on the same goods at different points in time. Its exclusion for identical input and output supplies does not apply where the output fabric rate has not been reduced and higher-taxed chemicals, dyes and consumables are used in processing. Such accumulation is governed by the statutory refund formula in Section 54(3)(ii) of the Central Goods and Services Tax Act, 2017 read with Rule 89(5) of the Central Goods and Services Tax Rules, 2017.
Conclusion: The Circular does not bar the refund claim; the finding is in favour of the assessee.
Issue (iii): Whether a direction for consequential re-computation after deciding refund eligibility constitutes a prohibited remand.
Analysis: Section 107(11) of the Central Goods and Services Tax Act, 2017 precludes remand for fresh adjudication. Where refund eligibility and governing parameters have already been conclusively determined in appeal, re-quantification by the original authority is a ministerial exercise implementing those findings, without reopening the merits or permitting fresh adjudication.
Conclusion: Consequential re-computation is not a prohibited remand under Section 107(11); the finding is in favour of the assessee.
Final Conclusion: The appellate determination of eligibility for inverted-duty refund remains operative, with the refund amount to be computed in conformity with the statutory formula and the appellate findings.