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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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Refund of ITC in relation to Export of Goods without payment of tax

anuja bhandari

Dealer is in business of trading of Gaur Meal product, this item was taxable @ 5% GST before 15 Nov 2017 in GST. After 15 Nov 2017 vide notification Gaur Meal is at 0% GST. Dealer purchased gaur meal prior to 15 Nov 2017 and exported the same out of India in Dec 2017 without payment of IGST. Can he claim refund of ITC accumulated due to purchase of gaur meal before 15 Nov 2017 under the option of Sec 54 of zero rated supplies made without payment of tax?

Awaiting valuable responses. Thank you.

Refund of Input Tax Credit available for zero-rated exports made without tax payment, subject to net ITC calculation rules. Accumulated Input Tax Credit attributable to inputs purchased when goods were taxable may be claimed as refund for zero-rated exports made without payment of tax. Claimants must allocate acquisitions and exports to the relevant tax periods and apply the prescribed net ITC calculation procedure for that period to determine the refundable ITC. (AI Summary)
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Pavan Mahulkar on Oct 24, 2018

Dear Madam,

You can claim refund of ITC accumulated on export of exempted goods.

In your scenario you have to claim it for the period

1/11/17 to 31/12/17

Then only your Net ITC could be calculated in the farmula prescribed in rule 89

Ganeshan Kalyani on Oct 25, 2018

In my view, you can claim the refund of the input used on the product exported.

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