1
Circular No.24/24/2017-GST
F. No. 349/58/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
GST Policy Wing
New Delhi, dated the 21st December, 2017
To,
The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners /
Commissioners of Central Tax (All)
The Principal Director Generals / Director Generals (All)
Madam/Sir,
Sub – Manual filing and processing of refund claims on account of inverted duty
structure, deemed exports and excess balance in electronic cash ledger- Reg.
Due to the non-availability of the refund module on the common portal, it has been
decided by the competent authority, on the recommendations of the Council, that the
applications/documents/forms pertaining to refund claims on account of inverted duty
structure (including supplies in terms of notification Nos. 40/2017-Central Tax (Rate)and
41/2017-Integrated Tax (Rate) both dated 23.10.2017), deemed exports and excess balance in
electronic cash ledger shall be filed and processed manually till further orders. In this regard,
the Board, in exercise of its powers conferred under section 168 (1) of the Central Goods and
Services Tax Act, 2017 hereby clarifies that the provisions of Circular No. 17/17/2017-GST
dated 15.11.2017 shall also be applicable to the following types of refund inasmuch as they
pertain to the method of filing of the refund claim and its processing which is consistent with
the relevant provisions of the CGST Act, 2017 (hereafter referred to as ‘the CGST Act’) and
the CGST Rules, 2017 (hereafter referred to as ‘the CGST Rules’):-
(i) refund of unutilized input tax credit where the credit has accumulated on account
of rate of tax on inputs being higher than the rate of tax on output supplies (other than
nil rated or fully exempt supplies) of goods or services or both except those supplies
which are notified by the Government on the recommendations of the Council
(section 54(3) of the CGST Act refers);
(ii) refund of tax on the supply of goods regarded as deemed exports; and
(iii) refund of balance in the electronic cash ledger.
2.0
It is clarified that refund claims in respect of zero-rated supplies and on account of
inverted duty structure, deemed exports and excess balance in electronic cash ledger shall be
filed for a tax period on a monthly basis in FORM GST RFD-01A.However, in case
registered persons having aggregate turnover of up to Rs1.5 crorein the preceding financial
year or the current financial year are opting to file FORM GSTR-1 quarterly (notification
No. 57/2017-Central Tax dated 15.11.2017 refers), such persons shall apply for refund on a
quarterly basis. Further, it is stated that the refund claim for a tax period may be filed only
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after filing the details in FORM GSTR-1 for the said tax period. It is also to be ensured that
a valid return in FORM GSTR-3B has been filed for the last tax period before the one in
which the refund application is being filed. Since the date of furnishing of FORM GSTR 1
from July, 2017 onwards has been extended while the dates of furnishing of FORM GSTR 2
and FORM GSTR 3 for such period are yet to be notified, it has been decided by the
competent authority to sanction refund of provisionally accepted input tax credit at this
juncture. However, the registered persons applying for refund must give an undertaking to the
effect that the amount of refund sanctioned would be paid back to the Government with
interest in case it is found subsequently that the requirements of clause (c) of sub-section (2)
of section 16 read with sub-section (2) of sections 42 of the CGST Act have not been
complied with in respect of the amount refunded. This undertaking should be submitted
manually along with the refund claim till the same is available in FORM RFD-01Aon the
common portal.
3.0
In case of refund claim arising due to inverted duty structure, the following statements
- Statement 1 and Statement 1Aof FORM GST RFD-01A have to be filled:-
Statement -1 [rule 89(5)]
Refund Type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to
section 54(3)]
(Amount in Rs.)
Turnover
of
inverted rated
supply
of
goods
Tax
payable
on
such
inverted rated
supply
of
goods
Adjusted
total
turnover
Net input tax
credit
Maximum
refund
amount
to
be
claimed
[(1×4÷3)-2]
1
2
3
4
5
Statement 1A [rule 89(2)(h)]
Refund type: ITC accumulated due to inverted tax structure [clause (ii) of first proviso to section
54(3)]
Sl.
N
o.
Details of
invoices of
inward supplies
received
Tax paid on inward
supplies
Details of
invoices of
outward supplies
issued
Tax paid on outward
supplies
N
o.
Dat
e
Taxa
ble
Value
Integra
ted Tax
Centr
al
Tax
State/Un
ion
territory
Tax
N
o.
Dat
e
Taxa
ble
Value
Integra
ted Tax
Centr
al
Tax
State/Un
ion
territory
Tax
1
2
3
4
5
6
7
8
9
10
11
12
13
3
4.0
Whereas, the Government has issued notification No. 48/2017-Central Tax dated
18.10.2017 under section 147 of the CGST Act wherein certain supplies of goods have been
notified as deemed export. Further, the third proviso to rule 89(1) of the CGST Rules allows
the recipient or the supplier to apply for refund of tax paid on such deemed export supplies.
In case such refund is sought by the supplier of deemed export supplies, the documentary
evidences as specified in notification No. 49/2017-Central Tax dated 18.10.2017 are also
required to be furnished which includes an undertaking by the recipient of deemed export
supplies that he shall not claim the refund in respect of such supplies and that no input tax
credit on such supplies has been availed of by him. The undertaking should be submitted
manually along with the refund claim. Similarly, in case the refund is filed by the recipient of
deemed export supplies, an undertaking by the supplier of deemed export supplies that he
shall not claim the refund in respect of such supplies is also required to be furnished
manually. The procedure regarding procurement of supplies of goods from DTA by Export
Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Software
Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export as
laid down in Circular No. 14/14/2017-GST dated 06.11.2017 needs to be complied with.
4.1
Further, as per the provisions of rule 89(2)(g) of the CGST Rules, the following
statement 5B of FORM GST RFD-01A is required to be furnished for claiming refund on
supplies declared as deemed exports:-
Statement 5B [rule 89(2)(g)]
Refund type: On account of deemed exports
(Amount in Rs)
Sl.
No.
Details of invoices of outward
supplies in case refund is
claimed by supplier/ Details of
invoices of inward supplies in
case refund is claimed by
recipient
Tax paid
No.
Date
Taxable Value
Integrated
Tax
Central
Tax
State /Union
Territory Tax
Cess
1
2
3
4
5
6
7
8
5.0
It is reiterated that para 2.5 of Circular No. 17/17/2017-GST dated 15.11.2017 may be
referred to in order to ascertain the jurisdictional proper officer to whom the manual
application for refund is to be submitted. Where any amount claimed as refund is rejected
under rule 92 of the CGST Rules, either fully or partly, the amount debited, to the extent of
rejection, shall be re-credited to the electronic credit ledger by an order made in FORM GST
RFD-1B until the FORM GST PMT-03 is available on the common portal. Further, the
payment of the sanctioned refund amount shall be made only by the respective tax authority
of the Central or State Government. Thus, the refund order issued either by the Central tax
authority or the State tax/UT tax authority shall be communicated to the concerned counter-
