Key Clarification on IGST Refund for Exporters: Relief on Payment Delays at Import Stage

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Key Clarification on IGST Refund for Exporters: Relief on Payment Delays at Import Stage

 

Namaste DOST!

The recent circular (No. 233/27/2024-GST) issued by the Ministry of Finance provides much-needed relief to exporters who faced issues with claiming IGST refunds due to non-payment of IGST and Compensation Cess at the time of import. This circular addresses the eligibility for IGST refund claims when payments were made later with interest following the reassessment of the Bill of Entry. Here’s what exporters need to know about this critical update.

Purpose of the Circular

This circular aims to resolve the concerns of exporters who did not pay IGST and Compensation Cess at the time of import but later settled these dues with interest and completed the reassessment of their Bill of Entry. The clarification confirms that such exporters are now eligible to claim refunds, bringing much-needed clarity and relief to the export community.

Summary of the Circular

1. Background and Issue

Under Rule 96(10) of the CGST Rules 2017, exporters who did not pay IGST and Compensation Cess at the time of import and availed exemption benefits were previously disallowed from claiming IGST refunds. This rule relates to Notification No. 78/2017-Customs, and many exporters questioned if they could still claim refunds after making subsequent payments.

2. Clarification

According to the circular, if the IGST and Compensation Cess were not paid at the time of import but were later settled with interest, this scenario will not be treated as availing exemption benefits. Consequently, the claim for IGST refund is considered valid.

3. Decision

If IGST and Compensation Cess are paid later and the Bill of Entry is reassessed accordingly, such cases will not be treated as violations of Rule 96(10), and the IGST refund will be permissible.

4. Instructions to Authorities

Departments are instructed to disseminate this information to the business community and resolve any related issues promptly.

Practical Example for Better Understanding

ABC Exports Pvt. Ltd. did not pay IGST at the time of import. They later paid the IGST and Compensation Cess with interest and reassessed their Bill of Entry. Following this circular, their refund claim will now be considered valid.

Key Highlights

1. Previously:

Refund claims were rejected if IGST and Compensation Cess were not paid at the import stage.

2. Now:

Refund claims will be considered valid if IGST and Compensation Cess are paid later with reassessment.

3. Practical Implication:

This clarification simplifies the refund process and provides much-needed relief to exporters.

Conclusion

This circular brings significant relief to exporters, particularly those who faced hurdles in claiming refunds due to non-payment of IGST at the import stage. By allowing refunds post-payment and reassessment, the circular enhances transparency and stability in the business environment, supporting exporters in maintaining their cash flow and operational efficiency.

 

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Disclaimer:

This blog is intended for informational purposes only. Always consult your GST consultant before making any business decisions.

 

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