The Central Board of Indirect Taxes and Customs (CBIC) has issued a clarification regarding refunds of Input Tax Credit (ITC) when invoice details are not reflected in the applicant's GSTR-2A. While generally, refunds of accumulated ITC are now restricted to invoices uploaded by suppliers and appearing in GSTR-2A, this clarification confirms that refunds for ITC related to imports, ISD invoices, and Reverse Charge Mechanism (RCM) supplies remain unaffected. The treatment for these specific categories will continue as it was before the March 31, 2020 circular.
Circular No. 139/09/2020-GST
CBEC-20/06/03-2020 -GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
New Delhi, Dated the 10th June, 2020
To,
The Principal Chief Commissioners/Chief Commissioners/Principal Commissioners/ Commissioners of Central Tax (All)
The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: Clarification on refund related issues reg.
Various representations
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FAQ :
The CBIC has clarified that refunds of accumulated Input Tax Credit (ITC) are now generally restricted to ITC availed on invoices whose details are uploaded by the supplier in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A.
Yes, the clarification states that refunds of ITC related to imports, ISD invoices, and inward supplies liable to Reverse Charge (RCM supplies) are not impacted by this rule.
The treatment for refunds of ITC concerning imports, ISD invoices, and RCM supplies will continue to be the same as it was before the issuance of Circular No. 135/05/2020-GST dated March 31, 2020.
Before March 31, 2020, refunds were granted even for credit availed on invoices not reflected in GSTR-2A, provided these invoices were uploaded by the applicant with the refund application.
Circular No. 135/05/2020-GST dated March 31, 2020, introduced the restriction, which has now been further clarified by Circular No. 139/09/2020-GST.