Itc refund claim by sez

Can entity registered in SEZ apply for ITC refund on tax paid on inward supplies?
Replies (2)
Quick Summary
Entities registered in a Special Economic Zone (SEZ) can generally claim a refund for Input Tax Credit (ITC) paid on inward supplies, as clarified by Notification 56/2019. However, a crucial restriction applies: if the supplier in the Domestic Tariff Area (DTA) has already claimed a refund for the same tax, the SEZ cannot claim it. Additionally, SEZs are exempt from paying IGST charged by DTA suppliers under Notification 15/2017-Integrated Tax (Rate).

Dear Pep Consultancy,

Yes . They can claim refund, notification 56/2019 clarifies , refer Statement 4A.

No .... if supplier (DTA) is claiming refund for the same then Sez cannot claim Refund (refer 3rd Provisio under Section 54(3) of CGST Act) .
So if Supplier files refund application RFD01 with Statement 4 in term of Notification 56/2019 CT (R) , then Sez cannot file refund for the same under statement 4a.

Moreover In term Notification 15/2017- Integrated Tax (Rate)
Sez are Exempted to pay IGST charged by Supplier (DTA) on Bill

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