HOW TO CLAIM REFUND OF INPUT TAX CREDIT ON DEEMED EXPORTS IN INDIA
The Goods and Services Tax
Act, 2017 came into force in India with effect from 1.7.2017.
The Government of India has
notified that
1. Acknowledgment
by the jurisdictional Tax officer of the Advance Authorisation holder or Export
Promotion Capital Goods Authorisation holder, as the case may be, that the said
deemed export supplies have been received
by the said Advance Authorisation or Export Promotion Capital Goods
Authorisation holder, or a copy of the tax invoice under which such supplies
have been made by the supplier, duly signed by the recipient Export Oriented
Unit that said deemed export supplies have been received by it.
2. An
undertaking by the recipient of deemed export supplies that no input tax credit
on such supplies has been availed of by him.
3. An
undertaking by the recipient of deemed export supplies that he shall not claim
the refund in respect of such supplies and the supplier may claim the refund
as evidences which are
required to be produced by the supplier of deemed export supplies for claiming
refund of Input Tax Credit.
The Central Government
Notification is given below for ready reference:
[TO BE PUBLISHED IN PART II,
SECTION 3, SUB-SECTION (i) OF
THE GAZETTE OF INDIA,
EXTRAORDINARY]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
Department
of Revenue
Central Board of Excise and Customs
Notification No. 49/2017-Central
Tax
New
Delhi, the 18th October, 2017
G.S.R. (E).- In exercise of the powers conferred by clause (g) of sub-rule (2) of rule 89 of
the Central Goods and Services Tax Rules, 2017 read with notification No. 48/2017-Central Tax, dated the 18th October, 2017, published
in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section
(i) vide number G.S.R. 1305 (E), dated the 18th October, 2017, the Central Government hereby
notifies the following, as detailed
in column (2) of the Table
below, as evidences which are required to be produced by the supplier of deemed export supplies for claiming refund, namely:-
Table
S.No.
|
Evidence
|
(1)
|
2)
|
1.
|
Acknowledgment by the jurisdictional Tax officer of the Advance Authorisation holder or Export Promotion Capital Goods Authorisation holder,
as the case may be, that the said deemed
export supplies have been received by the said
Advance Authorisation or Export Promotion Capital Goods Authorisation holder, or a copy
of the tax invoice under which such supplies
have been made by the
supplier, duly
signed by the recipient Export
Oriented Unit that said deemed export supplies
have been received by it.
|
2.
|
An undertaking by the recipient of deemed export supplies that no input tax credit on such
supplies has been availed of by him.
|
3.
|
An undertaking by the recipient of deemed export supplies that he
shall not claim the refund in respect of such supplies and the supplier may
claim the refund.
|
[F.No. 349/58/2017-GST(Pt)]
(Gunjan
Kumar Verma)
Under Secretary to
the Government of India
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