Refund of ITC on capital goods in case of export of services under cover of LUT
Query (Issue) Started By: – Archna Gupta Dated:- 23-4-2018 Last Reply Date:- 10-1-2019 Goods and Services Tax – GST
Got 7 Replies
GST
Dear experts
One company is in business of export of services (no domestic supplies). initially it exported services on payment of IGST. It utilised ITC at the time of payment of IGST on export of services. Later it applied for LUT and after that all supplies were done under LUT without payment of IGST. Since then it has huge balance of ITC in its credit ledger. ITC includes ITC on Inputs, Input services and capital goods (approx 40 lacs). As per Rule 89, the company can claim refund of ITC on Inputs and input servic
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fore you have to take up the matter with authorities concerned.
Reply By Alkesh Jani:
The Reply:
Sir/Madam,
In my point of view, you can file refund claim under Rule 89(3) of CGST Rules, 2017 read with Section 54 (1) of GST Act,2017. However, till date the same is not available on portal but may be in future.
Our experts may correct me if mistaken.
Reply By Archna Gupta:
The Reply:
Dear Alkesh ji
Under Rule 89 in case of export we can claim refund of unutilised ITC on Inputs and input services only and not on capital goods.
Reply By Alkesh Jani:
The Reply:
Sir/Madam,
For more clarity let me reproduced the relevant rules of CGST Rules:-
"89 (1) Any person, except the persons covered under notification issued under section 55,
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