Refund of accumulated -ITC of Compensation Cess
Query (Issue) Started By: – Prem Choudhary Dated:- 25-2-2019 Last Reply Date:- 27-2-2019 Goods and Services Tax – GST
Got 5 Replies
GST
Dear Expert
Please advice for refund provision if any for following Case:-
The manufacturer are producing Cement and Clinker under HSN-2526 and Sales within in India. Cement is taxable @28% ( SGST-14% & CGST-14%) and no any GST Compensation Cess is leviable. However in production of Cement, Coal is require to running the Kilan(generating the heat) and on procurement of Coal Cess is leviable @ ₹ 400/- per tone.
As per provision of Act, Compensation Cess can be utiliase for payment of out put Cess only. Hence Compensation Cess is going to a
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Refund of compensation cess paid on goods exported is admissible. Read Section 16(3)(b) of IGST Act, 2017.
This issue has been clarified vide C.B.I. & C. Circular No. 79/53/2018-GST, dated 31-12-2018. (Point No.9 is relevant).
Reply By Prem Choudhary:
The Reply:
Thank you Sethi ji for providing reference of provision and clarity,
We have gone through the Circular No.-45/19/2018-GST Point no-05 and your reply pint no-(i),
Kindly more clarify is require, In our Case Cement sale is within India and having accumulated Compensation Cess ITC. Whether we are eligible to claim refund of accumulated compensation Cess ITC ?
Reply By KASTURI SETHI:
The Reply:
In view of Board's clarification, you are eligible for refund claim of Compensat
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