TaxTMI 
TaxTMI 
Clarification regarding removal of restriction of refund of accumulated ITC on fabrics.
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....n for lapsing of input tax credit accumulated on account of inverted duty structure on fabrics for the period upto the 31st July, 2018. 2. The said notification No. 1129-F.T. [5/2017-State Tax (Rate)] was issued in exercise of powers vested under section 54 of the West Bengal Goods and Services Tax Act, 2017(WBGST Act, 2017). It notifies the items on which refund of accumulated input tax credit on account of inverted duty structure is not allowed. Some of the items notified under this notification are fabrics. Following 10 categories of fabrics are covered in the said notification: - S.No. Tariff item, heading, sub-heading or Chapter Description of Goods (1) (2) (3) 1. 5007 Woven fabrics of silk or of silk wast....
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.... Vide the said notification No. 1036-F.T.[20/2018-State Tax (Rate)], the following proviso has been inserted in notification No. 1129-F.T. [5/2017-State Tax (Rate)]. "Provided that, - (i) nothing contained in this notification shall apply to the input tax credit accumulated on supplies received on or after the 1st day of August, 2018, in respect of goods mentioned at serial numbers 1, 2, 3, 4, 5, 6, 6A, 6B, 6C and 7 of the Table below; and (ii) in respect of said goods, the accumulated input tax credit lying unutilised in balance, after payment of tax for and upto the month of July, 2018, on the inward supplies received up to the 31st day of July 2018, shall lapse.". 5. The doubts raised, with reference to changes made vide noti....
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.... the notification. A comprehensive reading of amended notification makes it clear that the proviso seeks to lapse only such input tax credit which is the subject matter of principal notification, i.e. accumulated credit on account of inverted duty structure in respect of stated fabrics. The net effect of clause (ii) in the said proviso is that it provides for lapsing of input tax credit that would have been refundable in terms of section 54 of the Act, for the period prior to the 31^st July, 2018, but for the restriction imposed vide said notification No. 1129-F.T. [5/2017-State Tax (Rate)] and that too to the extent of accumulated ITC lying unutilised after making payment of GST upto the month of July, 2018. In other words, in terms of ame....
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....rmined by each supplier using the prescribed formula lying unutilised in balance after making the payment of GST for the month of July, 2018 shall lapse. Illustrations: (1) A manufacture who produces only manmade fibre fabrics, had a turnover of Rs. 5 crore for the period from July, 2017 to July 2018[or for the relevant period for fabrics on which refund was blocked subsequently by inserting entries in notification No. 1129-F.T. [5/2017-State Tax (Rate)]]. Tax payable thereon is Rs. 25 lakh (@ 5%). Assuming the net ITC availed on inputs, during this period, was Rs. 30 lakh. Applying the formula prescribed in rule 89 (5), the accumulated ITC on account of inverted duty structure comes to Rs. 5 lakh. In other words, this manufacturer ha....
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....5) would mutatis mutandis apply. 10.1 As illustrated, the application of formula prescribed in rule 89(5) ensures that ITC relating to capital goods and input services does not lapse. 11. However, a manufacturer may have closing stock of finished goods and inputs as on 31.7.2018. A doubt has been raised as to whether input tax relating thereto shall also lapse and concern has been expressed that this would amount to double taxation. It is clarified that the proposed amendment seeks to lapse only such credit that has been accumulated on inputs on account of inverted duty structure. Therefore, in case a manufacturer, whose accumulated ITC is liable to lapse in terms of said notification, has certain stock lying in balance as on 31.7.201....