GST Refund in case of Service Export

[DEEPAK J]

Hello,

We are into business of services providing in India and outside India. We have taken input credit of ₹ 50 Lacs from Service Tax to GST by Tran 1. As we have less supply of services in india, Service Tax input which is taken in GST and GST input from july 2017 to present is accumulated in our gst credit account.

1) Can we claim refund of Service Tax Input which is taken GST by Tran 1 amount of ₹ 90 Lacs?

2) As per GST law, it says file refund with IFRC/BRC no in case of export of service of accumulation of ITC. Can we file with transaction advice ( it includes details of inward remittance) instead of IFRC/BRC because as per bank, IFRC is issued in case of FDI and BRC is issued in case of export of goods?

Thank you in advance!!

AI Summary

Transitional input tax credit exclusion from GST refund calculations, with practical dispute over remedy and remittance documentation.
Transitional input tax credit converted into GST does not qualify as part of 'Net ITC' for GST refund calculations and thus is not refundable under the GST refund rules; advisers differ on practice, with one recommending separate pre GST and post GST refund claims and potential litigation for the pre GST portion, while others state refunds are unavailable and that transaction advice may substitute for formal foreign remittance certificates where applicable.