Monday, July 27, 2020

Refund of ITC on export without payment of tax

July 27, 2020 0


Application form for claiming refund
any person claiming refund of any tax, interest, penalty, fees, or any other amount paid by him may file an application in form GST RFD-01 electronically through GST common portal.

As per section 54(3), a registered person may claim refund of any unutilised ITC at the end of any tax period.



Zero rated supplies without payment of tax:-  Supply of goods and /or services to an SEZ developer /unit or export of goods and /or services under bond or letter of undertaking (LUT) without payment of IGST subject to such conditions, safeguards and procedure as may be prescribed, are zero rated supplies without payment of tax. In such cases, refund of unutilised ITC at the end of any tax period, of amount determined under rule 89 (4) , shall be granted to the applicant and the electronic credit ledger shall be debited by the applicant by an amount equal to the refund so claimed.


Filing of refund applications in FORM GST RFD-01

With effect from 26.09.2019, the applications for the following types of refunds shall be filed in FORM GST RFD 01 on the common portal and the same shall be processed electronically. Refund of unutilized input tax credit (ITC) on account of exports without payment of tax.


Procedure for filing refund:-

A.  FORM GST RFD-01 shall be filled on the common portal by an applicant seeking refund under any of the categories mentioned above. This shall entail filing of statements/declarations/undertakings which are part of FORM GST RFD-01 itself, and also uploading of other documents/invoices which shall be required to be provided by the applicant for processing of the refund claim. A comprehensive list of such documents is provided at Annexure-A and it is clarified that no other document needs to be provided by the applicant at the stage of filing of the refund application. The facility of uploading these other documents/invoices shall be available on the common portal where four documents, each of maximum 5MB, may be uploaded along with the refund application. Neither the refund application in FORM GST RFD-01 nor any of the supporting documents shall be required to be physically submitted to the office of the jurisdictional proper officer.



B.  The Application Reference Number (ARN) will be generated only after the applicant has completed the process of filing the refund application in FORM GST RFD-01, and has completed uploading of all the supporting documents/ undertaking/ statements/invoices and, where required, the amount has been debited from the electronic credit/cash ledger.

C.  As soon as the ARN is generated, the refund application along with all the supporting documents shall be transferred electronically to the jurisdictional proper officer who shall be able to view it on the system. The application shall be deemed to have been filed under sub-rule (2) of rule 90 of the CGST Rules on the date of generation of the said ARN and the time limit of 15 days to issue acknowledgement or a deficiency memo, as the case may be, shall be counted from the said date. This will obviate the need for an applicant to visit the jurisdictional tax office for the submission of the
refund application and /or any of the supporting documents. Accordingly, the acknowledgement for the complete application (FORM GST RFD-02) or deficiency memo (FORM GST RFD-03), as the case may be, would be issued electronically by the jurisdictional tax officer based on the documents so received from the common portal.

D. If a refund application is electronically transmitted to the wrong jurisdictional officer, he/she shall reassign it to the correct jurisdictional officer electronically as soon as possible, but not later than three working days, from the date of generation of the ARN. Deficiency memos shall not be issued in such cases merely on the ground that the applications were received electronically in the wrong jurisdiction.


E. It may be noted that the facility to reassign such refund applications is already available with the Commissioner or the officer(s) authorized by him.


Preparing of Annuxure for claiming refund

The proper officer shall rely upon FORM GSTR-2A as an evidence of the accountal of the supply by the corresponding supplier(s) in relation to which the input tax credit has been availed by the applicant. Such applicants shall also upload the details of all the invoices on the basis of which input tax credit has been availed during the relevant period for which the refund is being claimed, in the format enclosed as Annexure-B along with the application for refund claim. Such availment of ITC will be subject to restriction imposed under sub-rule (4) in rule 36 of the CGST rules inserted vide Notification No. 49/2019-CT dated 09.10.2019. The applicant shall also declare the eligibility or otherwise of the input tax credit availed against the invoices related to the claim period in the said format for enabling the proper officer to determine the same. Self-certified copies of invoices in relation to which the refund of ITC is being claimed and which are declared as eligible for ITC in Annexure – B, but which are not populated in FORM GSTR-2A, shall be uploaded by the applicant along with the application in FORM GST RFD 01. It is emphasized that the proper officer shall not insist on the submission of an invoice (either original or duplicate) the details of which are available in FORM GSTR-2A of the relevant period uploaded by the applicant.

Note: The third proviso to sub-section (3) of section 54 of the CGST Act states that no refund of input tax credit shall be allowed in cases where the supplier of goods or services or both avails of drawback in respect of Central tax. It is clarified that if a supplier avails of drawback in respect of duties rebated under the Customs and Central Excise Duties Drawback Rules, 2017, he shall be eligible for refund of unutilized input tax credit of Central tax/ State tax/ Union Territory tax / Integrated tax/ Compensation cess. It is also clarified that refund of eligible credit on account of State tax shall be available if the supplier of goods or services or both has availed of drawback in respect of Central tax.


 Documents required for claiming refund of ITC (Annexure-A)

List of all statements/declarations/undertakings/certificates and other supporting documents to be provided along with the refund application.

Declaration/Statement/Undertaking/Certificates to be filled online



  • Declaration under second and third proviso to section 54(3)
  • Undertaking in relation to sections 16(2)(c) and section 42(2) 
  • Statement 3 under rule 89(2)(b) and rule 89(2)(c)
  • Statement 3A under rule 89(4)


Supporting documents to be additionally uploaded


  • Copy of GSTR-2A of the relevant period
  • Statement of invoices (Annexure-B)
  • Self-certified copies of invoices entered in Annexure-B whose details are not found in GSTR-2A of the relevant period
  • BRC/FIRC in case of export of services and shipping bill (only in case of exports made through non-EDI ports) in case of goods

                                                                      Annexure-B
                    Statement of invoices to be submitted with application for refund of unutilized ITC


`

Sr.

No

GSTIN

of the

Supplier

Name

of the

Supplier

Invoice Details

Type

Central Tax

State

Tax/

Union

Territory Tax

Integrated Tax

Cess

Eligible for

ITC

Amount of eligible ITC

Whether

invoices

included in

GSTR-2A

Y/N

 

 

 

Invoice

No.

Date

Value

Inputs/Input

Services/cap

ital goods

 

 

Yes/No/Partially

 

 

  1

       2

       3

       4

  5

       6

        7

        8

  9

        10

         11

        12


Sunday, July 26, 2020

Solutions of all E-Way Bill issues.

July 26, 2020 0



  Change to multiple vehicle

This option allows consignment of one e-way bill to move in multiple vehicles. This option is used when the good have moved to some place in a bigger vehicle and further it is not possible to move in same mode of transport or vehicle. So, the goods are moved further in smaller vehicles.



For example, an e-way bill is generated and needs to be moved from A to C. Here, the consignment moves from A to B via Rail or bigger vehicle. Now, it is not possible to move the consignment from B to C in the same mode of transportation due to unavailability of that mode or may be due to hilly region where big vehicles cannot be used. In such cases, the consignment needs to be moved in multiple smaller vehicles.



Update EWB transporter

The system enables the user to update the Transporter details against a particular EWB, if the transporter is getting changed for the further movement of the goods. Here, the present transporter can only update the next transporter and subsequently, the next transporter is enabled to update the Part-B till he has been changed. If the transporter is not there, then the generator of the e-way bill can update the transporter.


Update EWB  Trans.-Bulks

Using this option the user can update Transporter ID in bulk for multiple e-way bills in one go to reduce large amount of data entries and save time.

Re- Generation of EWB

The E-Way Bill system gives the user an option to update the transportation details for the consolidated EWB and re-generate the new Consolidated EWB (CEWB).

A user can update the transportation or vehicle number for the consolidated EWB by selecting the sub option ‘Re-Generate’ under the option ‘consolidated EWB’. The following screen is displayed on clicking this option.

    
On this screen, the user shall enter the 10 digit consolidated EWB or by selecting the date on which the consolidated EWB was generated. A list of consolidated EWB will be shown as shown in below figure; the user shall select the particular consolidated EWB to update the vehicle number.



Summary report of generated EWB



Using this option user can view the list all the EWBs generated by the user on a selected date along with relevant parameters. The user can export the report in an excel by clicking on ‘Export to Excel” tab

Bulk Generation of E-WAY BILL



The user can then upload the JSON file for the selected option and generate the respective Master accordingly.




Mistakes overcome while generating e way bills

To overcome these mistakes, the following actions may be taken by the Tax Payers/Operators.
  • Enter your Clients/Customers and Suppliers master in the master menu – The tax payer has been facilitated on the e-Way Bill system to create onetime master details of his/her customers and suppliers by just entering the GSTIN. This helps in easily populating the customers and suppliers details by the system, just by typing his/her name at name field while generating the e-Way Bills. This avoids the mistakes in GSTIN, Place, State and PIN codes of customers or suppliers.

  • Enter your products master in the master menu – The tax payer can create his/her product masters by entering the product details like name, HSN, rate of tax, etc. So that the product details are auto populated by the system by just typing the 2-3 chars of product name. This avoids the mistakes in HSN code, rate of tax, UQC, etc.

  •  Verify before submission - The operators can cross-check the values of parameters entered before submitting.

  • Manage sub-users carefully – Some of the tax payers may not operate directly themselves always and also they may have multiple additional places from where they need to generate the e-way bills for movement of goods. To achieve this, the tax payers can create the sub-users to manage the e-way bill system depending upon the requirements. The different roles can also be assigned to these users. However, the tax payers should take care while generating these users. Whenever, the employees/operators/managers change, he/she should change the password or freeze the account from miss-utilising the same.
  • Register for other facilities carefully – There are other facilities to register. They are SMS based and Android based e-Way Bill management and registration to work as a transporter. The utmost care should be taken while using these facilities to avoid miss-utilisation. SMS based E-way Bill has to be generated carefully to avoid mistakes while typing the parameters. The registration as transporter facilitates the tax payers to generate the e-Way Bill for other parties as a transporter.

  • API Interface - The best method for the large tax payers/transporters, who generate the large number of e-Way Bills, is API interface. This is site-to-site integration of the systems for e-way Bill generation. In this method, the tax payer system will directly request the E-way Bill system while generating invoice in his system and get the e-Way Bill number. This can be printed on the Invoice document and movement of the goods can be started. This avoids duplicate data entry and eliminates complete data entry mistakes. To use this facility, the tax payers have to request the department for this service. This facility is available only for the selected large tax payers or transporters, who generate the more than the defined invoices in a month. These defined invoices in a month will be changed as per the required by the government time-to-time.

How to unblock E WAY and generate new e-way bill

Blocking 

In this case, the taxpayers can come across the following two situations:

(a.) A pop-up message (refer Figure 1), will appear every single time the blocked taxpayer tries to generate new e-way bill or goes for bulk generation.




(b.) If any taxpayer/transporter enters the blocked GSTIN as other party while e-way bill generation, then
similar message will appear





Unblocking

Once the Return-3B is filed in the GST Common Portal, the blocked GSTIN will get automatically updated as
‘Unblocked’ within a day in the e-Waybill system and the tax payer can continue with e-way bill generation.
However, if the status is not updated in e-waybill system, then the taxpayer can do it immediately by going
to the e-Waybill portal and clicking on the option Search-> Update Block Status. Enter the GSTIN, followed
by the CAPTCHA and click on GO.



the GSTIN and the blocked status will be displayed.

The user must now click on the button: Update Unblock Status From GST Common Portal


This will fetch the status of filing from the GST Common Portal and if filed, the status in e-Waybill system will subsequently get updated.