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refund claim by sez

Madhavan iyengar

Can a GST regd unit located in SEZ claim refund of ITC in respect of supplies on which it has paid the tax on input services received by it

experts kindly give your views

Can SEZ units claim a refund of Input Tax Credit on input services under GST? Discussing sections of IGST and CGST Acts. A discussion on a forum addressed whether a GST-registered unit in a Special Economic Zone (SEZ) can claim a refund of Input Tax Credit (ITC) for taxes paid on input services. One expert noted that supplies to SEZ units are GST-exempt, so the SEZ unit should not pay GST, but suppliers can claim a refund of unutilized ITC. Another mentioned the option to pay GST and then claim a refund. Additional queries and clarifications were requested regarding the nature of services and applicable periods, referencing relevant sections of the IGST and CGST Acts and a specific notification. (AI Summary)
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Rajagopalan Ranganathan on May 6, 2020

Sir,

Supply of goods or services or both to a unit of SEZ or SEZ Developer is exempt from gst. Therefore the question of payment of gst by SEZ unit does not arise. However the supplier of the goods or services or both can claim refund of un-utilised ITC in view of the exemption.

YAGAY andSUN on May 6, 2020

There is also another option to pay the GST and Claim the refund.

Alkesh Jani on May 7, 2020

Sir,

Pls clarify the nature of service and period.

Thanks

Madhavan iyengar on May 7, 2020

Following input services

a) through ISD Invoice credit received from Corporate division in respect of common services

b) Rcm of legal services paid by SEZ

c) house keeping services on which gst is charged by supplier

babu narayanan on May 7, 2020

sir , we pay , but we do not pay can we claim the refund later.this applicables to deemed export

Spudarjunan S on May 8, 2020

Dear Madhavan ji,

You may opt for refund subject to section 16 of IGST Act, 2017 and 54 of CGST Act, 2017.

Kindly refer notification no.56/2019 CT 14th November 2019 - Statement 4A for your perusal.

anil nacre on May 27, 2020

THEN ABOUT SERVICE FORWARDS ZERO RATE TO SEZ .

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