TaxTMI 
TaxTMI 
TaxTMI 
Query on GST refund
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....uery on GST refund<br> Query (Issue) Started By: - KARAN VERMA Dated:- 9-7-2020 Last Reply Date:- 17-7-2020 Goods and Services Tax - GST<br>Got 10 Replies<br>GST<br>The definition of Exempt supply includes Non taxable supply Whether Non taxable supply include alcoholic liquor for human consumption. If yes, whether i m eligible to take refund of GST paid on packaging material and CHA agent servic....
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....es in case of export of liquor. Reply By Mahir S: The Reply: Karanji, Board has issued circular no. 125/44/2019 dated 18.11.2019 stating that if assessee export exempted or Non GST goods then he is eligible for refund of ITC. Reply By KARAN VERMA: The Reply: Sir, whether liquor covered under Non gst goods. Kindly provide any legal reference. Reply By KASTURI SETHI: The Reply: Liquor is out o....
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....f GST net by virtue of Article 366 (12 A) of Constitution of India. Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: As informed by Shri Sethi alcoholic liquor does not come under the purview of GST. Therefore he is not eligible to take refund of GST paid on packaging material and CHA agent services in case of export of liquor as per my view. Reply By KASTURI SETHI: The Reply: Liquor cannot be c....
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....alled non-taxable supply, it being non-GST item. There is a lot of difference between non-taxable and non-GST goods. Reply By KASTURI SETHI: The Reply: Dear Querist, Pl go through the following:- Relevant extract of Board's Circular No. 125/44/2019-GST dated 18.11.19 "49. As per section 16(2) of the IGST Act, credit of input tax may be availed for making zero rated supplies, notwith....
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....standing that such supply is an exempt supply. In terms of section 2 (47) of the CGST Act, exempt supply includes non-taxable supply. Further, as per section 16(3) of the IGST Act, a registered person making zero rated supply shall be eligible to claim refund when he either makes supply of goods or services or both under bond or letter of undertaking (LUT) or makes such supply on payment of Integr....
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....ated tax. However, in case of zero-rated supply of exempted or non-GST goods, the requirement for furnishing a bond or LUT cannot be insisted upon. It is thus, clarified that in respect of refund claims on account of export of non-GST and exempted goods without payment of Integrated tax; LUT/bond is not required. Such registered persons exporting non-GST goods shall comply with the requirements pr....
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....escribed under the existing law (i.e. Central Excise Act, 1944 or the VAT law of the respective State) or under the Customs Act, 1962, if any. Further, the exporter would be eligible for refund of unutilized input tax credit of Central tax, State tax, Union Territory tax, Integrated tax and compensation cess in such cases." As per above circular, in order to claim refund of tax paid on input....
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....s contained in finished goods (exempted) exported, procedure has been laid down in Notification No.21/2004-CE(NT) dated 6.9.2004 has to be followed in terms of Board's circular no.928/18/2010-CX dated 28.6.2010. Thus rebate of tax paid on inputs only used for exempted exported goods is allowed. In other words, refund/rebate of GST paid on packaging material and CHA services is NOT allowed. H....
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....ence I support the views of Dr.Govindarajan, Sir. Reply By KARAN VERMA: The Reply: Thanks for your views. But my view is why VAT/Excise department provide refund to me because I have paid GST tax to GST department, then as per circular it is responsibility of GST department to provide refund to me. Although, I have to meet the export obligations as per VAT/Excise law. Reply By KASTURI SETHI: Th....
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....e Reply: Still CAG (A.G.Punjab) has not conducted audit of any unit after the implementation of GST. Wait and watch. Has CHA service been exported in this case ? Reply By KASTURI SETHI: The Reply: There are restrictions also on packing material and packaging material. State GST officers are committing Himalayan blunders. They do not know about the history of Central Excise Customs & Service Ta....
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....x laws. It is a major drawback and handicap for them. Knowledge of previous laws is a must to learn the concepts of GST laws. Reply By Bhavika Chothani: The Reply: Alocoholic Liquor is Non-GST item. Hence the GST paid on packaging material and CHA Agent services in case of export of liquor cannot be claimed as ITC<br> Discussion Forum - Knowledge Sharing ....