TaxTMI 
TaxTMI 
TaxTMI 
Refund of ITC on capital goods in case of export of services under cover of LUT
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....efund of ITC on capital goods in case of export of services under cover of LUT<br> Query (Issue) Started By: - Archna Gupta Dated:- 23-4-2018 Last Reply Date:- 10-1-2019 Goods and Services Tax - GST<br>Got 7 Replies<br>GST<br>Dear experts One company is in business of export of services (no domestic supplies). initially it exported services on payment of IGST. It utilised ITC at the time of payme....
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....nt of IGST on export of services. Later it applied for LUT and after that all supplies were done under LUT without payment of IGST. Since then it has huge balance of ITC in its credit ledger. ITC includes ITC on Inputs, Input services and capital goods (approx 40 lacs). As per Rule 89, the company can claim refund of ITC on Inputs and input services only and the accumulated balance of ITC on capit....
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....al goods will remain as it is. Please suggest what action can be suggested to company to save it from loss of ITC on capital goods. Please reply. Regards Reply By Rajagopalan Ranganathan: The Reply: Madam, Ask your client to take up the matter with GST Council for providing suitable remedy. Previously under Central Excise Regime,the capital goods can be used for manufacture of excisable good....
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....s meant for both home clearance and export. It is the presumption that quantum of inputs and input services used for the manufacture of excisable goods is much more then the capital goods and hence the cenvat credit.availed on capital goods can be used for payment of duty on home consumption. Therefore you have to take up the matter with authorities concerned. Reply By Alkesh Jani: The Reply: Si....
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....r/Madam, In my point of view, you can file refund claim under Rule 89(3) of CGST Rules, 2017 read with Section 54 (1) of GST Act,2017. However, till date the same is not available on portal but may be in future. Our experts may correct me if mistaken. Reply By Archna Gupta: The Reply: Dear Alkesh ji Under Rule 89 in case of export we can claim refund of unutilised ITC on Inputs and input serv....
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....ices only and not on capital goods. Reply By Alkesh Jani: The Reply: Sir/Madam, For more clarity let me reproduced the relevant rules of CGST Rules:- "89 (1) Any person, except the persons covered under notification issued under section 55, claiming refund of any tax, interest, penalty, fees or any other amount paid by him, other than refund of integrated tax paid on goods exported out of....
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.... India, may file an application electronically in FORM GST RFD-01 through the common portal, either directly or through a Facilitation Centre notified by the Commissioner" "89 (3) Where the application relates to refund of input tax credit, the electronic credit ledger shall be debited by the applicant by an amount equal to the refund so claimed" However, the refund claim filed by....
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.... you for the input tax credit for the goods exported by you either on payment of IGST or without payment of tax under bond or LUT is under Rule 96 & 96A of the CGST Rules,2017. I hope now it may be clear for your. our experts may correct me if mistaken. Reply By Alkesh Jani: The Reply: Moreover, as there is no domestic sales, therefore, Explanation No. (ii) of 89(2) of CGST Rules, is not applic....
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....able in your case and you are eligible for refund. Reply By KASTURI SETHI: The Reply: There is Board's circular on "Fabrics" which disallows refund on capital goods. Issue is not free from doubt. Reply By Shankar Patil: The Reply: Yes I agree, for Accumulated Credit , refund of CG credit not permitted ; but if one pays IGST then claim refund , then no such restrictions of Rule 89....
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