Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post a Query
Post a New Query
Title :
0/200 char
Description :
Max 0 char
Category :
Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Discussion Forum

Back

All Issues

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
OR
Search by Issue ID:
NOTE: If you have inputs in both the fields, then results will be shown for issueId first.
Issue ID : 113864
- 0 -

ITC Cess refund on export of car

Date 14 Jun 2018
Replies4 Answers
Views 4683 Views
Asked By

Hi,

Need some input under following scenario.

We locally purchase cars (at GST 28% + Cess 22% = 50%) and export the same. We do not have any local sales of cars, thus, we have accumulated huge ITC credit of cess, and hence we need to fully claim the compensation Cess as refund. For ITC refund the residual rule 89(4) is applicable in our case. However the formula prescribed under rule 89(4) “Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷ Adjusted Total Turnover” reduces our ITC refund substantially. Since our total exports is less than 10% and further the car exports is less than 5% of total turnover, the claimable refund amount upon applying the formula is very insignificant resulting in substantial lapse of balance 95% Cess which was otherwise claimable as refund. Further, we cannot utilize any Cess balance not granted as refund. Is there any way we can avail/utilize ITC Cess refund on export of car?

Saket

4 answers
Sort by

Old Query - New Comments are closed.

Hide
- 0
Replied on Jun 14, 2018
1.

Sir,

Please refer Section 9 (1)(c) of GST (Compensation to the States) Act,2017, under which you can claim for refund. Please also refer definitions of “Cess” and “Input Tax”. Please try to contact your jurisdictional office (State) for form prescribed for refund if any. Hope this may help you.

Our experts may correct me if mistaken.

Thanks

- 0
Replied on Jun 15, 2018
2.

Thank You.

If any expert has any different view on this matter, kindly share.

- 0
Replied on Jun 15, 2018
3.

Sir,

Please refer Para 5 of Circular issued vide F. No. CBEC/20/16/4/2018-GST dated 30/05/2018, Which clarifies that you are eligible for refund. Please do needful for better results.

Our experts may correct me if mistaken.

Thanks

- 0
Replied on Jun 28, 2018
4.

Refund of unutilized cess can be claimed.

Old Query - New Comments are closed.

Hide
Recent Issues