29 July 2022
ONE OF MY CLIENTS HAS THE BUSINESS OF EXPORT OF SERVICES. WE HAVE SHOWN ALL EXPORT OF SERVICES IN GSTR 3B. BUT IN GSTR 1 SOME OF THE TRANSACTIONS HAVE NOT SHOWN. ON THIS GROUND THE GST OFFICER HAS SANCTIONED THE REFUND ONLY FOR THE TRANSCTIONS SHOWN IN GSTR 1. I APPLIED FOR REFUND FOR THE PERIOD NOV 2020 TO APRIL 2022. FROM NOV 2020 TO MARCH 2021 EXPORT OF SERVICES WAS NOT SHOWN IN GSTR 1. THEREFORE WHILE CALCULATING RATIO OF TOTAL ADJUSTED T/O AND TOTAL EXPORT OF SERVICES THEY HAVE CONSIDERED ONLY THOSE TRANSACTIONS THOSE SHOWN IN GSTR 1. WE HAVE CLAIMED FOR RS. 305000. AND MY CLIENT RECEIVED ONLY RS. 133000. SHOULD I GO FOR APPEAL?
10 July 2024
Yes, you should consider filing an appeal in this case. Here’s a structured approach to consider:
1. **Review the Reason for Rejection**: Understand why the GST officer sanctioned a refund for only the transactions shown in GSTR 1. This could be due to discrepancies in filing or documentation.
2. **Check Documentation and Compliance**: Ensure that all export transactions were correctly reported in GSTR 3B and that there were no errors or omissions that could have led to the discrepancies.
3. **Calculate Correct Refund Amount**: Verify the calculations done by the GST officer to ensure that they are accurate. Compare the amounts claimed in the refund application with the amounts considered by the officer.
4. **Grounds for Appeal**: If you believe that all export transactions were eligible for the refund as per the GST laws and rules, and that the GST officer's decision was incorrect or based on incorrect interpretation, you have grounds for appeal.
5. **Procedure for Appeal**: Follow the procedure for filing an appeal under GST. This typically involves filing Form GST APL-01 along with the required documents and grounds of appeal. You may also need to pay a fee for the appeal, depending on the amount involved.
6. **Legal Assistance**: If necessary, seek advice from a tax consultant or legal expert who specializes in GST appeals. They can provide guidance on the specific procedures and documentation required for the appeal.
7. **Timeline**: Ensure that you file the appeal within the prescribed timeline from the date of receipt of the GST officer's order. Delay in filing the appeal can lead to dismissal on procedural grounds.
Given the significant difference between the claimed refund amount and the amount received, appealing the decision seems justified. Make sure to gather all relevant documents and prepare a strong case to support your appeal.
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