Clarifications on refund related issues

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....:- S. No. Issue Clarification 1 2 3 1. Certain registered persons have reversed, through return in FORM GSTR-3B filed for the month of August, 2018 or for a subsequent month, the accumulated Input Tax Credit (ITC) required to be Lapsed in terms of SRO Notification No. SRO-GST-44 (Rate) ; Dated 31/08/read with circular No. 56/30/2018-GST dated 24-08-2018 (hereinafter referred to as the "said notification") issued by Department of Revenue, Ministry of Finance Tax Research Unit, New Delhi. Some of these registered persons, who have attempted to claim refund of ITC on account of inverted tax structure for the same period in which the ITC required to be lapsed in terms of the said notification has been reversed, are not able to claim ref....

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.... and Kashmir Goods and Services Tax Rules, 2017 (hereinafter referred to as "JKGST Rules"), in the manner detailed in para 3 of Circular No. 59/33/2018-GST dated 04-09-2018 issued by Department of Revenue, Ministery of Finance Tax Research Unit, New Delhi. After calculating the admissible refund amount, as described above and scrutinizing the application for completeness and eligibility, if the proper officer is satisfied that the whole or any part of the amount claimed is payable as refund, he shall request the taxpayer, in the writing, to debit the said amount from his electronic credit ledger through FORM GST DRC-03. Once the proof of such debit is received by the proper officer, he shall proceed to issue the refund order in FORM GST RFD....

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....(1) of sectio of the JKGST Act on the amount, which has been reversed belatedly. Such interest shall be calculated starting from the due date of filing of return in FORM GSTR-3B for the month of August, 2018 till the date of reversal of said amount through FORM GSTR-3B or through FORM GST DRC-03, as the case may be. (b) The registered person who has reversed the amount of credit to be lapsed in the return in FORM GSTR-3B for any month subsequent to August, 2018 or through FORM GST DRC-03 subsequent to the due dated of filing of the return in FORM GSTR-3B for the month of August, 2018 would remain eligible to claim refund of unutilized ITC on account of accumulation due to inverted tax structure w. e. f. 01-08-2018. However, such refund sha....

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....account of exports without payment of tax". After scrutinizing the application for completeness and eligibility, if the proper officer is satisfied that the whole or any part of the amount claimed is payable as refund, he shal request the taxpayer, in writing, to debit the said amount from his electronic credit ledger through FORM GST DRC-03. Once the proof of such debit is received by the proper officer, he shall proceed to issue the refund order in FORM GST RFD-06 and the payment advice in FORM GST RFD-05. 5. Vide Circular No 59/33/ 2018-GST dated 04-09-2018, it was clarified that after issuance of a deficiency memo, the input tax credit is required to be recredited through FORM GST RFD-01B and the tax payer is expected to file a fresh ....