TaxTMI 
TaxTMI 
Manual filing and processing of claim of refund of inverted tax structure and deemed exports.
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....e applications /documents /forms pertaining to refund claims on account of inverted tax structure and deemed exports shall be filed and processed manually till further orders. In this regard, the undersigned, in exercise of powers conferred under section 168 (1) of the Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as the "MGST Act") hereby clarifies that the contents of the Trade Circular No. 49T of 2017 and Trade Circular No. 52T of 2017 [cited at Ref. (3) and (4) above] shall also be applicable to the refund claims on account of inverted tax structure and deemed exports inasmuch as they pertain to the method of submission of refund claim and its processing which is consistent with the relevant provisions of the MGST Act, 2017 and Maharashtra Goods and Services Tax Rules, 2017 (hereafter referred to as the "MGST Rules"). 2. Periodicity of submission of refund application: 2.1. It is clarified that refund claims on account of inverted tax structure and deemed exports shall be filed for a tax period on a monthly basis in FORM GST RFD-01A. In order to avoid the delay in grant of refund the Trade is advised to file the application for refund only after re....
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....ification No. 29/2017 State Tax (Rate) dated the 25^th September 2017 and Notification No. 44/2017 dated the 14th November 2017. (b) supplies of services as notified in Notification No. 15/2017-State Tax (Rate) dated 29th June 2017. [Construction Services: Point 5(b) Schedule II] 1.6. As per the provisions of section 54(3)(ii) the aforesaid categories of supplies of goods or services are barred from seeking refund of the un-utilized or accumulated inputs. 2. Preparation of Application for Refund: 2.1. The registered taxable person who desires to get the refund on account of inverted tax structure is required to file an application manually in FORM GST RFD-01A (as notified in the MGST Rules vide Notification No. 55/2017 -State tax dated 15.11.2017 and as amended from time to time). All the details in the said form is to be filled appropriately. 2.2. The applicant who desires to get the aforesaid refund shall access the common portal i.e. www.gst.gov.in and fill the appropriate details, of claim of refund, in in Statement-1 made available on the common portal with the use of appropriate Log-in Id and password. 2.3. The process flow diagram is given below: Logi....
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....rmation as explained above the refund amount will get auto calculated as given in the Column (5) above. 2.10. The formula used to calculate the Maximum Refund Amount is given below: Maximum Refund Amount= [(Turn-over of inverted rated supply of Goods) X Net ITC/Adjusted Total Turn-over]-Tax payable on such inverted rated supply of goods. 2.11. It is to be kept in mind that the term "Net ITC" and "Adjusted Total Turnover" shall have the same meaning as assigned to it in rule 89(4) of the MGST Rules, 2017. 2.12. For better understanding same is re-produced below: Where,- (B) "Net ITC" means input tax credit availed on inputs and input services during the relevant period other than the input credit availed for which the refund is claimed under sub-rule (4A) and 4(B) or both; (E) "Adjusted Total turnover" means the turnover in a State or a Union territory, as defined under clause (112) of section 2, excluding,- (a) the value of exempt supplies other than zero-rated supplies and (b) the turn-over of supplies in respect of which refund is claimed under sub-rule (4A) and 4(B) or both, if any. during the relevant period. 2.13. After entering the....
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.... has entered all the details in Table i.e. Statement-1 above please save the form before you proceed to Submit. (b) Please correct any errors occurred during preparation and do not forget to save the said FORM before proceeding to submit. (c) It may please be kept in mind that once "Proceed" button is clicked and form is submitted, no modification will be allowed. Therefore due care may please be taken before pressing the "Proceed" button. (d) The Electronic Credit ledger balance visible here is the current balance in the Electronic Credit ledger. (e) Application can be saved at any stage of completion for a maximum time period of 15 days. If the same is not submitted within 15 days from the date of form creation, the saved draft will be purged from the GST database. The applicant after 15 days may follow the same procedure for creation and submission of refund Application in FORM-RFD-01A. (2) Needless to say that the applicant shall first discharge the outstanding liability, if any, in respect of IGST, CGST, SGST and cess as also the recovery of the dues (under the MVAT, CST Act, Luxury Tax etc.) not stayed by the appellate forum and then only seek the refund on ....
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....place of business of the said tax payer is situated in Brihan Mumbai, then in the Office of the Joint Commissioner of State tax (MUM-VAT-F-001), Nodal-1, 5th Floor, "E-Wing", New Building, GST Bhavan, Mazgaon, Mumbai-400010. (ii) at Pune location, in the office of the Joint Commissioner of State tax (PUN-VAT-F-001), 201, 2nd Floor, Off. Golf Club, Air Port Road, Yerawada, Pune-411006. (iii) at the location other than Brihan Mumbai and Pune in the office of the Joint Commissioner of State tax where such office exists and in any other case in the office of the head of the location. 2.20. STATEMENTS TO BE ATTACHED AND UNDERTAKING TO GIVEN WITH REFUND APPLICATION FORM-GST-RFD-01A: (1) After preparation of application and Statement-1 for refund as above, the applicant shall prepare the Statement-1A as given in rule 89(2)(h) of the MGST Rules, 2017 and attach the same with the refund application. The said statement contains the details of invoices of inward supplies received and tax paid on inward supplies as also the details of invoices of outward supplies issued and tax paid on outward supplies. (2) The details of inward supplies invoice number date, value and tax on inp....
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.... case may be, head of the location shall be forwarded to the concerned Nodal officer on the same day or in any case not later than next working day. (2) After receipt of the application, the concerned Nodal officer shall verify the debit entry made in the Electronic Credit Ledger and verify that the refund claimed is commensurate to the amount so debited. Nodal Officer shall also verify the liability outstanding, if any, under of the MGST Act and shall first adjust it and remaining amount of refund, if any, may be processed as per the provisions of the MGST Act. As explained above, the outstanding liability which is not stayed by the Appellate forum pertaining to the existing law shall also be adjusted against the refund remaining, if any. (3) Once the completeness in all respect is ascertained an acknowledgment in FORM-RFD-02 as given in Rule 90(1) of the MGST Rules, shall be issued within 15 days from the date of submission of application. (4) In case the application so submitted is found deficient in certain aspects then the concerned officer shall issue deficiency memo in FORM-RFD-03 within 15 days from the date of receipt of the application. (5) In other words, the....
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....o issued a notification (Finance Department Notification No. 49/2017 dated 18th October 2017) and notified the evidences that are required to be produced by the supplier of deemed export supplies claiming refund. These evidences are as given below: S.No. Evidence (1) (2) 1. Acknowledgment by the jurisdictional Tax officer of the Advance Authorisation holder or Export Promotion Capital Goods Authorisation holder, as the case may be, that the said deemed export supplies have been received by the said Advance Authorisation or Export Promotion Capital Goods Authorisation holder, or a copy of the tax invoice under which such supplies have been made by the supplier, duly signed by the recipient Export Oriented Unit that said deemed export supplies have been received by it. 2. An undertaking by the recipient of deemed export supplies that no input tax credit on such supplies has been availed of by him. 3. An undertaking by the recipient of deemed export supplies that he shall not claim the refund in respect of such supplies and the supplier may claim the refund. 3.2. As stated above, the State Government has issued aforesaid notifications and notified cert....
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....he applicant is required to fill the details appropriately. The screen will appear as under: Imges 4.4. The requisite information is to be filled in the TABLE given below: Amount Eligible for Refund (in Rs.) TABLE-1 Refund amount to be claimed Balance in Electronic Credit ledger Tax Credit Availed during the period Eligible Amount (Lowest of all) (1) (2) (3) (4) Integrated Tax ITC Central Tax ITC State/UT Tax ITC CESS ITC Refund Claimed (in Rs.) TABLE-2 Head Integrated Tax Central Tax State/UT Tax CESS Total TAX ....
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.... requisite declaration and the undertaking as given in the FORM-GST-RFD-01A. 7.2. The details are given as under; DECLARATION [ second proviso to Section54(3)] I hereby declare that the goods exported are not subject to any export duty, I also declare that I have not availed any drawback on goods services or both and that I have not claimed refund of the integrated tax paid on supplies in respect of which refund is claimed. Signature Name- Designation/Status DECLARATION [Section 54(3) (ii)] I hereby declare that the refund of ITC claimed in the application does not include ITC availed on goods or services used for making 'nil' rated or fully exempt supplies. Signature Name- Designation/Status [ DECLARATION [rule 89(2)(g)] ( For recipient /supplier of deemed export ) In case refund claimed by recipient □ I hereby declare that the refund has been claimed only for those invoices which have been detailed in statement 5B for the tax period for which refund is being claimed and the amount does not exceed the amount of input tax credit availed in the valid return filed for the said tax period. I also declare....