TaxTMI 
TaxTMI 
Clarification on refund related issues
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....r 16, 2019 (Circular No. 125/44/2019-GST, dated November 18, 2019 issued by the Centre) and the said restriction on the clubbing of tax periods across financial years for claiming refund thus has been continued vide paragraph 8 of the Master Circular on Refunds issued vide Memo No. 3561/GST-2, Panchkula dated December 16, 2019 (Circular No. 125/44/2019-GST, dated November 18, 2019 issued by the Centre), which is reproduced as under : "8. The applicant, at his option, may file a refund claim for a tax period or by clubbing successive tax periods. The period for which refund claim has been filed, however, cannot spread across different financial years. Registered persons having aggregate turnover of up to Rs. 1.5 crore in the preceding financial year or the current financial year opting to file Form GSTR-1 on quarterly basis, can only apply for refund on a quarterly basis or clubbing successive quarters as aforesaid. However, refund claims under categories listed at (a), (c) and (e) in para 3 above must be filed by the applicant chronologically. This means that an applicant, after submitting a refund application under any of these categories for a certain period, shall not b....
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.... 3.1 It has been brought to the notice of the Department that some of the applicants are seeking refund of unutilized ITC on account of inverted duty structure where the inversion is due to change in the GST rate on the same goods. This can be explained through an illustration. An applicant trading in goods has purchased, say goods "X" attracting 18 per cent. GST. However, subsequently, the rate of GST on "X" has been reduced to, say 12 per cent. It is being claimed that accumulation of ITC in such a case is also covered as accumulation on account of inverted duty structure and such applicants have sought refund of accumulated ITC under clause (ii) of sub-section (3) of section 54 of the HGST Act. 3.2 It may be noted that refund of accumulated ITC in terms clause (ii) of sub-section (3) of section 54 of the HGST Act is available where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies. It is noteworthy that, the input and output being the same in such cases, though attracting different tax rates at different points in time, do not get covered under the provisions of clause (ii) of sub-section (3) of section 54 of t....
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....gly, vide Notification No. 19/GST-2, dated March 31, 2020 , sub-rule (4A) has been inserted in rule 86 of the HGST Rules, 2017 which reads as under : "(4A) Where a registered person has claimed refund of any amount paid as tax wrongly paid or paid in excess for which debit has been made from the electronic credit ledger, the said amount, if found admissible, shall be re-credited to the electronic credit ledger by the proper officer by an order made in Form GST PMT-03." 4.3.2 Further, vide the same notification, sub-rule (1A) has also been inserted in rule 92 of the CGST Rules, 2017. The same is reproduced hereunder : "(1A) Where, upon examination of the application of refund of any amount paid as tax other than the refund of tax paid on zero-rated supplies or deemed export, the proper officer is satisfied that a refund under sub-section (5) of section 54 of the Act is due and payable to the applicant, he shall make an order in Form RFD-06 sanctioning the amount of refund to be paid, in cash, proportionate to the amount debited in cash against the total amount paid for discharging tax liability for the relevant period, mentioning therein the amount adjusted agai....
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....4/2019-GST, dated November 18, 2019 issued by the Centre) stands modified to that extent. 6. New Requirement to mention HSN/SAC in annexure 'B' 6.1 References have also been received from the field formations that HSN wise details of goods and services are not available in Form GSTR-2A and therefore it becomes very difficult to distinguish ITC on capital goods and/or input services out of total ITC for a relevant tax period. It has been recommended that a column relating to HSN/SAC Code should be added in the statement of invoices relating to inward supply as provided in annexure B of Master Circular on Refunds issued vide Memo No. 3561/GST-2, Panchkula, dated December 16, 2019 (Circular No. 125/44/2019-GST, dated November 18, 2019 issued by the Centre) so as to easily identify between the supplies of goods and services. 6.2 The issue has been examined and considering that such a distinction is important in view of the provisions relating to refund where refund of credit on capital goods and/or services is not permissible in certain cases, it has been decided to amend the said statement. Accordingly, annexure B of the Master Circular on Refunds issued vide memo No. 3561/GS....