Refund of itc on deemed export supply

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Nizam Shaikh (Querist)
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29 January 2019 Please help me whether we can get ITC refund in case of deemed export supply. If yes then procedure for the same.

CA Anita Bhadra

CA Anita Bhadra (Expert)
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29 January 2019 GST Refund of Deemed Exports Supply can be claimed by either Recipient or Supplier:

Refer Notification No. 47/2017–Central Tax, 18th October, 2017, “In respect of supplies regarded as deemed exports, the application may be filed by, –

(a) the recipient of deemed export supplies; or

(b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund”;

Evidences Required to be produced by Supplier of Deemed Export for Claiming Refund :-

For claiming refund under Rule 89(2)(g) of the CGST rules, 2017, evidences as below are required to be produced by the supplier of deemed export supplies for claiming refund:

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.

Other Procedures Related to Refund are Similar Like in case of Direct Exports::-
All other procedures as prescribed under Rules 89 to 94 of CGST Rules are similar to Direct Exports.

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