• Exports of service with payment of tax - ground of refund claim

Hi ,
I received LUT in October 2017. I am a Service Exporter - Importer.
before getting LUT -  July + August + September => These 3 months 

1> I paid  IGST on  export.
2> I paid RCM TAX on Import .

I am planning to file  	 RFD01A	  this month for  getting refund -tax paid on Export.
Next month  I will file refund application for getting refund - accumulated ITC .

 in GSTR-3B of above 3 months   I have claimed RCM TAX amount  as  Eligible ITC  in same month
 and utilize that RCM TAX amount in same month  for paying IGST on export

 
 For example @18%:  in month of JULY-	 Data is following:
 
 export value = 200 INR ; IGST payable     = 36    
 Import value = 100 INR ; IGST RCM payable = 18  
 
 Total IGST payable = 36+18 = 54 INR
 
 1>     I paid 18 INR  as RCM and claimed it as  Eligible ITC  = 18    INR
 2>     I paid   ( 36 - 18 ) = 18  INR for tax on export .
 
 Paid through  credit  = 18 
 Paid through  cash    = 36 
 
 
 Now while I am filing  RFD01-A  for getting refund  - IGST paid on Export
 
 which amount should I claim -  36 or 18 ?
 
IGST payable  on export    = 36  
But I utilize credit 18 from RCM  and paid only  36-18 = 18 INR for export !

I am  thinking to  write  18 .	 and  will claim ITC amount  18  separately.

but when I see  “CREDIT LEDGER “ balance , I see for JULY   ITC = 0   INR
because I have utilized it for making tax payment for outward supply / export.

so If  I write  18 in   RFD01-A  ( refund -Tax paid on export )    .. I will lose 18 INR because ITC showing 0  hence  I won’t be able to claim under ITC in future.

And if  I write  36  it will be wrong ; though    IGST payable  on export    = 36   but I only paid 18 INR   for  export.   Remaining 18 INR  I paid through credit .

Please help.
Thanks

 
 

Asked 6 years ago in GST

you have to mention 36, because tax paid is Rs. 36 irrespective of payment mode i.e. through credit ledger or cash ledger.

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

1. You should claim Rs. 36 amount as refund. There is nothing wrong in it and it is in accordance with law.

Brijendra Tripathi
CA, Lucknow
143 Answers
3 Consultations

5.0 on 5.0

Hi

You can claim 36 as the refund for GST paid through RFD 01A.

However, there is no ITC claim for you, as you have already claimed the ITC while paying off the GST liability.

So, you need to file one refund form only.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

You need to mention Rs. 36 lacs as total GST paid by you was Rs.36 lacs, Rs.18 lacs thru RCM ITC and Rs.18 lacs by cash.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1038 Consultations

5.0 on 5.0

You're most welcome!!!

Brijendra Tripathi
CA, Lucknow
143 Answers
3 Consultations

5.0 on 5.0

Most welcome

Vivek Kumar Arora
CA, Delhi
4845 Answers
1038 Consultations

5.0 on 5.0

Hope it clarified.

# you have no accumulated ITC as it's already utilized.

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Mention 36 in return

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

You will have to mention refund amount as 36.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

You should use 36 only and 18 as ITC. Since ITC is showing "0", kindly get clarity on this whether the benefit of your payment has been correctly captured or not.

Sunny Thakral
CA, Delhi
224 Answers
8 Consultations

5.0 on 5.0

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