Refund of ITC on Export of service

Dear Experts

The tax payer exports service under LUT. It had one export invoice raised in January 2021 which was paid by the foreign buyer in May 2021.

While processing the refund application for unutilised ITC for FY 2020-21, the gst officer did not consider this under zero rated service as the money came after FY 2020-21.

While processing the application for unutilised ITC for FY 2021-22, the gst offficer does not want to consider this under zero rated service as the export invoice is related to FY 2020-21.

Will the exporter loose benefit of this export invoice raised in FY 2020-21 and paid in FY 2021-22 for computation of refund of ITC as per section 54 read with rule 89 ?

Regards

Replies (3)
Quick Summary
A taxpayer exporting services under LUT is facing an issue with their GST refund. An invoice was raised in FY 2020-21, but payment was received in FY 2021-22. The GST officer is refusing to consider this as a zero-rated supply for either year's refund calculation. The core question is whether the exporter will lose the benefit of this invoice for their unutilised ITC refund, with a key rule cited suggesting it should be considered in the FY 2021-22 refund based on payment received.

Just to add the formula for refund calculation is :

Zero rated supply of service X ITC / Adjusted total turnover

Zero rated supply of service , in short, is the amount received for export invoices.....

Dear Experts

Any thoughts on this please ...

Regards,

It should get considered in next year's refund (i.e. FY 2021-22) calculations as per rule 89(4)D as extracted under :-

"Zero-rated supply of services is the aggregate of the 'payments received during the relevant period for zero-rated supply of services' and zero-rated supply of services where supply has been completed for which payment had been received in advance in any period prior to the relevant period reduced by advances received for zero-rated supply of services for which the supply of services has not been completed during the relevant period"
 

Plain reading of the rule suggests  calculations:

1. as all receipts during the relevant period (irrelevant to year of sale) + Advance of Current year Supply received in prior period  - Adv received in current year for pending supplies

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