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GST Refund of Unutilised ITC for previous period

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SANGEETH KUMAR.P

TAX PRACTITIONER

81 Points Posted on 01 June 2020

Hello Friends,

I have a query in GST Refund of Unutilised ITC for Export without payment of tax.

I explain it with an example : If X & Co., a partnership firm (Export unit without payment of GST ) claimed ITC of May, June, July, August and September 2019 month bills for Rs.30000 - ITC in the Form 3B of October 2019. GST Refund Returns filed half - yearly by them. They have filed GST Refund return and sanctioned GST Refund for the Apr to Sep 2019 period. Rs.30000 ITC is in the Form 2A for the period May to Sep 2019.

My query is "Can X Ltd., claim Rs.30000 ITC in the Refund Return for the period Oct to Mar 2019 because of ITC reflected in October month Form 3B only ?" As per the new circular 135/02/2020 from GSTN, ITC can be claimed as refund to the extent of Form 2A. In this case, the ITC shown in Form 2A is in the previous period GST Refund Return.

Please clarify my doubt. Thanks in advance...

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Quick Summary

This discussion clarifies a query regarding claiming GST refunds for unutilised Input Tax Credit (ITC) from previous periods, specifically for exports without payment of tax. The user asks if ITC reflected in an October 2019 Form 3B, but pertaining to bills from May to September 2019, can be claimed in a refund return for the October 2019 to March 2020 period. The query highlights that the ITC is available in Form 2A for the earlier period, and references a GSTN circular (135/02/2020) stating refunds are limited to Form 2A amounts.