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GST REFUND

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can we take refund of IGST paid on export through ITC

we export without payment of IGST and we had applied for refund of itc on purchase but our ITC refund got rejected cz it was time barred now that itc is again credited in credit ledger .. now can we charge IGST on export and pay liability through ITC and take refund of IGST ??


if yes ,What all documents are required ??
does officer later on ask GSTR2A and other documents ?? can he reject refund on the basis that ITC refund was already rejected cz it was time barred??

Thank you
Replies (1)

Hi Afreen,

Here’s a detailed reply on your GST refund query:

  1. Refund of IGST paid on export through ITC:

  • Exports are generally zero-rated supplies under GST. You can export either:

    • Without payment of IGST (using LUT/Bond), and claim refund of accumulated ITC, OR

    • By paying IGST on export, and then claim refund of IGST paid.

  • If you export without payment of IGST (using LUT), you cannot charge IGST later on that export invoice to claim refund of IGST on export. That would be incorrect treatment.

  1. Regarding your ITC refund being rejected as time-barred:

  • ITC refund claims must be filed within 2 years from the relevant date (generally date of invoice or payment received). If the claim was rejected due to delay, then the ITC refund is lost for that period.

  • If ITC got credited back in your ledger later, it means the ITC was reversed but not refunded.

  1. Can you pay IGST on exports now and claim refund?

  • No, you cannot retrospectively pay IGST on exports already done under LUT and claim refund.

  • The correct approach is either LUT-based zero-rated export with ITC refund claim (filed timely) OR pay IGST upfront and claim refund of IGST.

  1. Documents required for IGST refund:

  • Shipping bills

  • Export invoices

  • LUT/Bond (if export without IGST)

  • GSTR-1, GSTR-3B returns filed

  • Bank realization certificates (for export proceeds)

  • Relevant refund application form (RFD-01)

  1. Will officers ask for GSTR-2A and other documents?

  • Yes, officers may verify invoices, GSTR-2A, shipping bills, LUT etc., to confirm genuineness of exports and refund claims.

  • They can reject refund if discrepancies or irregularities are found.

  1. Will refund be rejected again due to time-bar?

  • If you apply again for the same ITC refund after time-bar period, it will be rejected.

  • However, if you apply for IGST refund on export (paid IGST route) timely, it can be processed independently.


Summary:

  • You cannot switch between LUT-based export (no IGST) and IGST paid export retrospectively.

  • Refund claims must be filed timely within 2 years.

  • Proper documentation is a must.

  • Officers will verify records and can reject if time limits or compliance are not met.

If you missed the ITC refund claim due to time-bar, you can only claim refund on IGST paid exports done by paying IGST upfront.


CCI Pro

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