Imported Goods Returned to Overseas Party – IGST Claim
Query (Issue) Started By: – Praveen Nair Dated:- 14-6-2018 Last Reply Date:- 17-6-2018 Goods and Services Tax – GST
Got 4 Replies
GST
Dear Experts
Goods were imported by paying IGST, now the material is rejected and is to be returned to the exporter overseas. How do we get refund of the IGST amount?
Do we have to export and claim IGST?
Kindly suggest
Regards | Pravin Nair
Reply By MUKUND THAKKAR:
The Reply:
Sir,
please refer refund condition as per GST law. as per my view you have take credit of IGST instated of refund procedure.
Reply By Alkesh Jani:
The Reply:
Sir,
In this regards, Please refer Notification No. 36/95-Cus (NT) dated 26/05/1995 as amended and lastly it was amended vide Notification No.57/2017-Cus (NT) dated 29.06.2017.
My point of view is that you need to claim drawback and not refund as it is re-exportation.
Our experts may correct me if mistaken.
Thanks
Reply By YAGAY and SUN:
The Rep
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ccountant Certificate for not passing on the burden to others
All relevant documents to substantiate their claim for Unjust enrichment like Balance Sheet, Schedule etc
Processing of Claims
The refund claims are covered under Section 27 of Customs Act, 1962, which dwells in detail as to how the refund claims are to be considered for sanctioning to the claimants.
The Important points for considering the sanction of refund:
Limitation
This point taken care of application of section which mandates that every refund claim has to be filed within 06 months from the date of payment. Refund Claims received after the statutory period of 06 months are not entertained as it is barred by limitation.
Eligibility
The eligibility of the refund of an assessed document is studied whether the assessed documents is re-assessed for claiming the benefit of notification, different rate of duties, revising the valuation, changing the classification and revising the duty calculation.
Scrutiny of claim
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ginal Sales Invoices, alongwith list containing Invoice No., Date, Amount of ST/VAT paid on imported goods for which Refund is claimed.
Calculation / Worksheet
Self Declaration
All original challans evidencing payment of Sales Tax /VAT with detail of invoices
Original Chartered Accountant Certificate
All relevant documents to substantiate their claim for Unjust enrichment.
How to apply
The refund application has to be filed within one year from the date of payment of Customs duty i.e. within one year of TR 6 Challan date. Only one refund application for one importer in a month is permitted. The application filled in all respects has to be submitted to Appraising Refund Section of Kolkata Customs House and obtain a dated acknowledgement.
Processing
The TA/STA of CRC IIA/B receives the refund application and registers the refund claim and allots one unique number for the same. He submits the refund file on the same/subsequent day to AC for his perusal. After the AC/CRC, signs as
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