Revised definition of “Turnover of Zero-rated supply of goods” -ITC refund

[Narendra Soni]

Dear Experts

In case of ITC refund, refund is based on formula in which Zero rated turnover is required.Formula is (Net ITC*Zero-rated turnover/Total adjusted Turnover)

On 23.03.20, The CBIC vide Notification No.16/2020-Central Tax, has amended clause (c) of Rule 89 (4) which provides definition of “Turnover of Zero-rated supply of goods” and the amended definition is as under:

“(C) “Turnover of zero-rated supply of goods” means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking or the value which is 1.5 times the value of like goods domestically supplied by the same or, similarly placed, supplier, as declared by the supplier, whichever is less, other than the turnover of supplies in respect of which refund is claimed under sub-rules (4A) or (4B) or both.”

Sir,

Vide this amendment, export value will be lower of actual export value and 1.5 times of domestic sale value.

It seen complicate definition,please suggest

1.What's meaning of" like goods domestically supplied by the same or, similarly placed, supplier, as declared by the supplier,"

2.Whether this definition is applicable for refund pending to file for tax period before March 2020, OR will be effective for refund of tax period March 20.i.e.from which tax period the notification is applicable.

3.We export 4 types of products, whether 1.5 times of domestic sale will be calculated for product wise or for total taxable value of domestic sale and how to compare it with export sale product wise or total export sale.

4.How it will be calculate.

We are to apply ITC refund application for tax period for the month of Jan 2020 hence please provide expert advice at the earliest.

AI Summary

Turnover of zero-rated supply capped by a multiple of domestic like-goods value, shaping ITC refund calculations.
Amendment sets the turnover of zero-rated supply of goods for ITC refund as the lesser of actual zero-rated export value under bond or LUT, or a multiple of the value of like goods domestically supplied by the same or similarly placed supplier as declared by the supplier; supplier declaration is required and the cap applies to refund claims filed after the notification date, with product-wise, quantity-equivalent comparisons used in practice.