10 July 2020
Could you please clarify the following
1.In case of IGST Paid on Import of Capital Goods , are eligible to claim refund to an assessee providing Export of service?
2.Whether CGST & SGST Paid on Capital Goods are eligible to claim the refund to an assessee providing Export of service?
3.Section 16 of IGST Act, 2017 & Section 54 of CGST Act, 2017 are says different , whereas ule 89 of CGST Rules, 2017 says different thing even though all those related with refund on Zero Rated Supplies? Which will valid one or superior? Because 16 of IGST Act, 2017 & Section 54 of CGST Act, 2017 says input on capital goods can claim as refund against export of service or goods but rule 89(4) says only input on capital goods can be utilised to pay tax and direct refund of IGST, CGST & SGST cannot be allowed.
4.Even execute LUT can we file the GST Returns with payment of tax on Export of Goods & Services ? (Not Cash Payment only utilise the ITC on all inwards including ITC on Capital Goods)