Accumulated ITC refund in case of Export

[Pankaj Aggarwal]

Sir,

We have taken the duty drawback at higher rate (All Industry Rate) now can we take refund of Accumulated ITC. (CGST & SGST)

[KASTURI SETHI]

Refund is admissible.

[Pankaj Aggarwal]

Thanks Sir for reply.

But now i have read in the notification ( Notification No. 73/2017-CUSTOMS (N.T.)) that ITC cannot availed if dutydrawback has taken at higher rate. pls solicit your views with regard to said notification

[KASTURI SETHI]

Dear Querist,

First of all elaborate your query with full facts. Secondly, read Notification No.73/17-CUS(NT) and 89/17-CU(NT) word for word viz-a-viz your query. There are conditions but it is not possible to reply without full facts of the issue. Hence elaborate.

[Kishan Barai]

When opted for a higher rate of DBK then ITC would not be available.

 

[YAGAY andSUN]

yes, this restriction was there for some period of time i.e. for 3 months at that time.

AI Summary

Higher duty drawback choice can preclude claiming input tax credit refund under specified customs notifications. Claiming refund of accumulated Input Tax Credit after taking duty drawback at a higher All Industry Rate is disputed: some forum answers say refund is admissible, while Notification No.73/2017-CUS(NT) and other responses indicate that availing higher-rate duty drawback may bar Input Tax Credit claims. Eligibility depends on factual details and the specific notification or temporal restriction in force.