Query

190 views 5 replies
A person sale books internationally via amazon..
books covered exempted list under gst.
so this transaction is considered as export or not..
if it considered as export then we can claim refund or not via filling rfd01.
Replies (5)
Yes, it will be covered under Zero rated supply and ITC accumulated for making such supply can be claimed as refund via RFD01. But, supply internationally must be a supply under bond/LUT for availing this refund.
As per Section 16 IGST Act : yes it will be treated as zero rated supply , as it's Exempted Goods hence No IGST is leviable on Export And As per proviso in Section 54 CGST Act : Provided that no refund of unutilised input tax credit shall be allowed in cases other than--
[i] zero rated supplies made without payment of tax;

Hence can claim Refund by filing RFD 01A
Sorry for above reply : As it's zero rated sale But As per sub section (2) of Section 16 IGST Act : Subject to the provisions of sub-section [5] of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. So you can claim ITC for unutised Credit But can't claim Refund . Note : As per Sub Rule (4) of Rule 89 , The refund can be claim on Unutilised credit as accordance to Section 16 IGST Act . So you cannot claim Refund
Sorry for above reply : As it's zero rated sale But As per sub section (2) of Section 16 IGST Act : Subject to the provisions of sub-section [5] of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. So you can claim ITC for unutised Credit But can't claim Refund . Note : As per Sub Rule (4) of Rule 89 , The refund can be claim on Unutilised credit as accordance to ***Sub Section (3) of Section 16 IGST Act . So you cannot claim Refund
Dear , Iam very sorry for my above Replies : as today only I gone through the Circular 45/19/2018, Dt 30/5/2018, .... It's clearly mentioned therin that You can claim Refund on Unutilised credit & No need to file any LUT or Bond for export pls refer the said circular & file Rfd1A for refund ,☺️👍


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