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Refund of accumulated ITC in case of export under LUT

BalKrishan Rakheja

Q1 Export was made in the month of July 2017 under advance authorisation scheme and also availed ITC in respect of goods purchased during the month of JULY 2017 whether I can claim refund of unclaimed ITC for the period of JULy 2017 in case I exported the goods under advance authorisation licence .The goods under advance authorisation were imported prior to GST regime and the same were used for export in the month of July 2017.

Q2. Our is a company having two unit i A & B in different state and engaged in the manufacturing same goods in both unit. The A unit purchased the goods from their unit B which is situated in another state on the IGST. A unit availed and utilized the ITC for the goods purchased from B. No payment of goods (including IGST) was made by A to B and more than 180 days lapsed. Whether deptt can ask for reversal or cn deny for ITC if payment not made by A to B.

ITC Refund Eligibility for Exports Under Advance Authorization and Reversal Rules for Intra-Company Transactions Discussed A discussion on a forum addressed two queries regarding GST and ITC refund. The first query involved the eligibility for a refund of unclaimed ITC for goods exported under an advance authorization scheme in July 2017. The consensus was that a refund might not be available since the inputs hadn't incurred duty. The second query concerned the reversal of ITC when no payment was made between two units of the same company within 180 days. The responses indicated that the department could demand ITC reversal with interest, and the department's position on issuing a show cause notice (SCN) was deemed appropriate. (AI Summary)
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