Export Rebate not allowed if Drawback Claimed
Query (Issue) Started By: – Praveen Nair Dated:- 16-2-2018 Last Reply Date:- 20-5-2018 Goods and Services Tax – GST
Got 7 Replies
GST
It was brought to notice by one of the exporter that the department is not processing the IGST refund on exports if drawback is claim on such exports. Do you think this is right and under what condition?
Reply By Alkesh Jani:
The Reply:
Sir, In this regards,Please refer 2nd Proviso to Section 54(3)(ii) of the CGST Act, 2017. A declaration to this effect forms part of FORM GST RFD-01A as well. I hope now it may clear for your. However, our experts may like to correct me, if mistaken.
Reply By KASTURI SETHI:
The Reply:
An assessee cannot avail doubl
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enrichment of my knowledge.
Reply By Alkesh Jani:
The Reply:
Sir, in this regards, Circular No. 05/2018-CUS, Para 3 (d) is reproduced "d. Once all the invoices pertaining to Shipping Bill are verified by the officer, the system shall calculate the scroll amount against a shipping bill, after subtracting the drawback amount for each invoice where applicable, and display the refund amount to the officer for approval".
In view of above, it is clear that the amount of refund will be after subtracting the drawback, as there is no mentioned of lower or higher, I think even lower will be deducted. Please correct me, if mistaken
Reply By YAGAY and SUN:
The Reply:
We endorse the very view of Mr. Jani.
Discussion Forum – Knowledg
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