Refund of Inverted duty iF Trading and Manufacturing sales

[deepak gulati]

A pharmaceutical company is applying refund under GST for inverted duty. The company also has some sales of raw material “as it is” treating it as trading sales. These trading sales are not covered under inverted duty as per law.

Please let us know how to compute refund in this case :
1. Whether we have to deduct trading sale from adjusted total turnover and inverted structure sale both as per the formulae provided.
2. or We continue to include trading sales in both inverted and total adjusted turnover (ignore trading effect of sale).

Note : here trading of raw material and sales of manufactured goods both are chargeable to 12%.

[Padmanathan KV]

There are still some lack of uniformity/ certainity in this aspect and the Dept is approaching different methods, which is bringing down refund amount.  

AI Summary

Refund of inverted duty may be reduced due to divergent treatment of trading sales in refund computation. A pharmaceutical taxpayer applying for a GST inverted duty refund also has trading sales of raw material not eligible for inverted duty. The primary legal issue is whether trading sales must be deducted from both the adjusted total turnover and the inverted-structure sales in the statutory refund formula, or retained in both aggregates. Administrative practice is inconsistent, and differing departmental methods are reducing refund amounts and creating uncertainty.