Refund of accumulated itc on export

ITC / Input 124 views 1 replies

Dear All,

We get garment export orders from outside of India on transferable LC and give the orders to a third party, who get the products ready and ship it outside India on their own. The shipping bills and other exports documents contain the name of the third party. In regard to the invoicing, the third party send us an invoice of say 800 dollars and we add 200 dollars in the invoice as mark up and send the new invoice totalling as 1000 dollars to the client outside India. In response to the same the client transfers the amount to our bank which transfers the part of the third party i.e. 800 dollars through a transferable LC and balance amount to us i.e. 200 dollars.

Now we wish to know whether we could apply for the refund for ITC and if so on what basis it should be claimed i.e. as export of goods or export of services.

Replies (1)
You falls under intermediary Service

According to sec 2(13) of IGST Act, intermediary is a broker or an agent who arranges or the supply of goods or services or securities, between two or more persons. But an intermediary shouldn’t supply such goods or services or securities on his own account.

As per section 13(8) in case of intermediatary service the place of supply is supplier place

So you have to charge CGST/SGST

So as you have not made any Export then not authorised to take refund for any unutilized ITC


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