ELP GST Update

GKB Lens Pvt. Ltd. (West Bengal) [2018-TIOL-42-AAR-GST]               

Goods supplied to branch/depot for further supply as such can be valued at the cost price which would be deemed as the open market value as per second proviso to Rule 28 of the CGST Rules, provided the branch/depot is eligible to avail full Input tax credit of GST charged on the invoice.

Photo Products Company Pvt. Ltd. [2018-TIOL-41-AAR-GST]

Activity of printing content supplied by customers on photographic paper would be treated as supply of printing service (SAC 9989) and not supply of printed material (HSN 4911). 

IAC Electricals Pvt. Ltd. [2018-TIOL-40-AAR-GST] 

Two separate contracts for supply of goods and ancillary services (transportation, insurance and loading/unloading of such goods) with overall responsibility of the supplier to be treated as an indivisible contract involving composite supply of goods and services, and supply of goods under such contract would be the principal supply.

Circular No. 45/19/2018-GST dated 30.05.2018

Refund of unutilized Input tax credit of GST Compensation Cess where the final products are not subject to levy of Cess

Registered person making zero rated supply of products (not subject to GST Compensation Cess) under bond/LUT can claim refund of unutilized credit of GST Compensation Cess paid on coal which is used in effecting zero-rated supply of such products.

Refund filed by ISD, person paying tax under Section 10 or non-resident taxable person 

Filing of details in Form GSTR-1 and Form GSTR-3B not mandatory for an ISD or a composition taxpayer or a non-resident taxable person to claim refund of balance in the electronic cash ledger / credit ledger. Filing of return in Form GSTR-4 filed by composition taxpayer, Form GSTR-6 by an ISD, Form GSTR-5 by non-resident taxable person would be sufficient for claiming refund.

Scope of restriction imposed under Rule 96(10) of the CGST Rules

In terms of Rule 96(10) of the CGST Rules, exporters receiving goods from suppliers who avail benefit of certain specified notifications for supply of goods without payment of tax or at reduced tax, cannot claim refund of IGST paid on the export of goods or services. It has been clarified that the restriction under Rule 96(10) is applicable only where the exporters directly receive goods from suppliers who avail benefit under the specified notifications.

Refund of IGST paid on export of services and supplies made to SEZ

It is clarified that in cases where the refund applications in Form RFD-01A were not earlier accepted by the GSTN portal in respect of IGST paid on export of services / supplies to SEZ for the reason that the supplies to SEZ were inadvertently shown in column 3.1(a) instead of column 3.1(b) of Form GSTR 3B, the registered persons would now be allowed to file the refund application for the tax period between 01.07.2017 and 31.03.2018 subject to the condition that the details in Form GSTR-1 were shown correctly in Table 6A or 6B and the amount of refund of IGST is not greater than IGST mentioned in Table under columns 3.1(a), 3.1(b) and 3.1(c) of Form GSTR-3B.

Refund of unutilized credit in case of zero-rated supply of exempted or non-GST goods

Bond or LUT not required for refund claims on account of export of non-GST and exempted goods without payment of IGST.