Tue Mar 05 2024

54

A manufacturer has filed for refund under Inverted duty structure. He is making domestic as well as export supplies. Further, the zero rated supplies has been made with and without payment of tax. While filing refund, the taxable value of inverted duty supplies has been taken as the domestic supplies. Whereas the NET ITC is almost similar to the ITC as per GSTR3B. The questions are:

  1. Whether he can again file refund for the same tax period under the category " export without payment of tax" ?
  2. If not, then while calculating the taxable value of inverted duty ..... the export supplies also be taken into account?
Tue Mar 05 2024

1

To answer point wise.

  1. Yes, the taxpayer can file for refund separately for the same tax periods. He just have to keep both the transaction separately i.e. export supply and its corresponding ITC. And supply at lower GST and the input of which is taxable at a higher GST rate (Inverted duty). if both are separately maintained then refund can be claimed separately as per respective rules.
  2. Since the answer to point 1 is yes, point no. 2 is not applicable.

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