TaxTMI 
TaxTMI 
Regarding GST refund for INVERTED DUTY STRUCURE.
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....egarding GST refund for INVERTED DUTY STRUCURE. <br> Query (Issue) Started By: - Jignesh Sitapara Dated:- 3-6-2026 VAT + CST <br> Got 5 Replies <br> VAT / Sales Tax<br> <br> Dear Exprts I had applied refund under "ITC accumulated due to Inverted Tax Structure", Now department has raise notice for Declaration under second and third proviso to section 54(3) and Declaration under section 54(3)(ii), ....
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....Now supplier also exporter and he already taken drawback from Custom. Now How can provide the declaration 54(3). In this my knowledge serial number 2nd clearly mention that, I have not availed any drawback of Central Excise Duty / Service Tax / Central Tax on goods or services or both, in respect of which this refund claim is being preferred. Please help me. --Reply By: Shilpi Jain The Reply: Y....
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....es you can give the declaration. there is a circular also in this regard that refund cannot be denied. --Reply By: Sadanand Bulbule The Reply: Admittedly you have not availed drawback, you can give the declaration uunder Section 54(3)(ii) and the supplier's drawback does not bar your inverted duty sturcture refund claim. --- Sub-Reply By: Jignesh Sitapara The Sub-Reply: Thanks for Reply Sir ....
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....But Section (3)(ii) said only NIL ITC related, Now what to do if my client take benefit of DRAWBACK. Please help Sir. --Reply By: Sadanand Bulbule The Reply: Refund under Section 54(3) (ii) is restricted to the extent the claimant has availed drawback benefit. So reduce such ITC from the refund or revise the application. --- Sub-Reply By: Jignesh Sitapara The Sub-Reply: Thank you so m....
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....uch. <br>***<br> Discussion Forum - Knowledge Sharing....