If a company has collected GST from a foreign customer for an export of service transaction, with separate mention on the invoice, and subsequently remitted this amount to the government, can it be eligible for a refund under section 54 of the GST Act?
Refund of IGST Charged and collected from Foreign Customer on Export of Service transaction
g srikanth
Company Debates GST Refund Eligibility for Export Services Under Section 54 of CGST Act, 2017; Unjust Enrichment Concerns Raised. A company queried whether it could claim a refund of GST collected from a foreign customer for an export of service transaction. One participant affirmed eligibility under Section 54 of the CGST Act, 2017, while another argued that seeking a refund could lead to unjust enrichment since the tax was already collected and remitted. They suggested that the foreign customer could apply for a refund. Another participant advised rectifying the invoice to exclude GST for smoother refund processing, though this advice was contested due to potential mathematical discrepancies in adjusting the invoice. (AI Summary)