TaxTMI 
TaxTMI 
Clarification on refund related issues
X X X X Extracts X X X X
X X X X Extracts X X X X
....se of its powers conferred under section 168 of the Assam GST Act, 2017 (hereinafter referred to as "Assam GST Act"), hereby clarifies the issues detailed hereunder: 2. Clarification in respect of refund claim by recipient of Deemed Export Supply 2.1 Representations have been received in respect of difficulties being faced by the recipients of the deemed export supplies in claiming refund of tax paid in respect of such supplies since the system is not allowing them to file refund claim under the aforesaid category unless the claimed amount is debited in the electronic credit ledger. 2.2 Para 41 of Circular No. 79/2019-GST dated 23/12/2019 has placed a condition that the recipient of deemed export supplies for obtaining the refund o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....by the claimant while filing application for refund claim. Therefore, whenever the recipient of deemed export supplies files an application for refund, the portal requires debit of the equivalent amount from the electronic credit ledger of the claimant. 2.5 As stated above, there is no restriction under 3rd proviso to Rule 89(1) of Assam GST Rules, 2017 on recipient of deemed export supply, claiming refund of tax paid on such deemed export supply, on availment of ITC on the tax paid on such supply. Therefore, the para 41 of Circular No. 79/2019-GST dated 23/12/2019 is modified to remove the restriction of non-availment of ITC by the recipient of deemed export supplies on the invoices, for which refund has been claimed by such recipient. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....P) Unit / Software Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export as laid down in Central Circular No. 14/14/2017-GST dated 06.11.2017 needs to be complied with." 3. Extension of relaxation for filing refund claim in cases where zero-rated supplies has been wrongly declared in Table 3.1(a). 3.1 Para 26 of Circular No. 79/2019-GST dated 23/12/2019 gave a clarification in relation to cases where taxpayers had inadvertently entered the details of export of services or zero- rated supplies to a Special Economic Zone Unit/Developer in table 3.1(a) instead of table 3.1(b) of FORM GSTR-3B of the relevant period and were unable to claim refund of the integrated tax paid on the same through FORM GST RFD-01A. T....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sons shall be allowed to file the refund application in FORM GST RFD-01 on the common portal subject to the condition that the amount of refund of integrated tax/cess claimed shall not be more than the aggregate amount of integrated tax/cess mentioned in the Table under columns 3.1(a), 3.1(b) and 3.1(c) of FORM GSTR-3B filed for the corresponding tax period." 4. The manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule89 of Assam GST Rules, 2017. 4.1 Doubts have been raised as to whether the restriction on turnover of zero-rated supply of goods to 1.5 times the value of like goods domestically supplied by the same or, similarly placed, supplier, as declared by the supplier, imposed by amendment in definition of t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... under sub-section (112) of Section 2 of Assam GST Act 2017, as: "Turnover in State or turnover in Union territory" means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess" 4.5 From the examination of the above provisions, it is noticed that "Adjusted Total Turnover" includes "Turnover in a State", as defined in Section 2(....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s in both domestic market and overseas. During the relevant period of refund, the details of his inward supply and outward supply details are shown in the table below: Net admissible ITC = Rs. 270 All values in Rs. Outward Supply Value per unit No of units supplied Turnover Turnover as per amended definition Local (Quantity 5) 200 5 1000 1000 Export (Quantity 5) 350 5 1750 1500 (1.5*5*200) Total 2750 2500 The formula for calculation of refund as per Rule 89(4) is : Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC / Adjusted Total Turnover Turnover of Zero-rated supply ....