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Dhruv Prajapati   19 June 2021

ITC refund on exports without payment of tax

Can ITC refund be claimed incase of Export of goods under LUT bond but also the entity is registered with export Apparel Export Promotion Council( AEPC) wherein the exporter is eligible for duty drawback?
Incase ITC refund is not eligible then what about the accumulation of ITC balance in the credit ledger how to utilise the same since the major business is of exporting the goods.


 7 Replies

CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     19 June 2021

You can claim refund from department.
Most Export Promotion councils provide drawback by stating don't take gst benefit if already claimed from department. So there will be non compliance by for export promotion council. In gst law there is no such restrictions.
1 Like
Karan Prajapati

Karan Prajapati   19 June 2021

It has been started that, if the supplier avails drawback in respect of Central tax he cannot claim refund of unutilized ITC
1 Like
CA Altamush Zafar

CA Altamush Zafar (GST Consultant)     19 June 2021

Yes if you claim refund you will be non complying with export promotion council.

Therefore either you claim full refund from department and return central tax portion claimed from promotion council to the council.

Or you only claim sgst itc from department.

You will need to calculate which is beneficial.

1 Like
Heet Shah

Heet Shah (Tax Consultant)     19 June 2021

Such person has an option to either claim itc refund or duty drawback 

Heet Shah

Heet Shah (Tax Consultant)     19 June 2021

But only 1 option can be exercised either refund or duty draw back

Heet Shah

Heet Shah (Tax Consultant)     19 June 2021

But only 1 option can be exercised either refund or duty draw back

Heet Shah

Heet Shah (Tax Consultant)     19 June 2021

Originally posted by : Karan Prajapati
It has been started that, if the supplier avails drawback in respect of Central tax he cannot claim refund of unutilized ITC

It's there since initial period


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