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This circular clarifies the regularization of refund of IGST availed in contravention of rule 96(10) of CGST Rules, 2017, where exporters had imported inputs without paying integrated taxes and compensation cess. It states that if exporters initially imported inputs without paying IGST and cess by availing exemption notifications, but later paid the dues along with interest and got the Bill of Entry reassessed, the IGST paid on exports shall not be considered in contravention of rule 96(10). The Explanation inserted in rule 96(10) retrospectively deems the exemption notification benefits as not availed if IGST and cess were paid on imported inputs. Therefore, refund of IGST on exports in such cases can be regularized.
This circular clarifies the regularization of refund of IGST availed in contravention of rule 96(10) of CGST Rules, 2017, where exporters had imported inputs without paying integrated taxes and compensation cess. It states that if exporters initially imported inputs without paying IGST and cess by availing exemption notifications, but later paid the dues along with interest and got the Bill of Entry reassessed, the IGST paid on exports shall not be considered in contravention of rule 96(10). The Explanation inserted in rule 96(10) retrospectively deems the exemption notification benefits as not availed if IGST and cess were paid on imported inputs. Therefore, refund of IGST on exports in such cases can be regularized.
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