Clarification on Refund of CESS Paid on Coal Used in Manufacturing under Inverted Duty Structure

This query is : Open

dilip kumar chauhan (Querist)
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20 August 2024 Respected Sir,

We are writing to seek your esteemed guidance regarding a matter related to the Goods and Services Tax (GST) law in India, specifically concerning the refund of CESS paid on coal used for manufacturing purposes under the Inverted Duty Structure.

Our company is engaged in the manufacturing of Steel & Iron, and we regularly supply our products to Merchant Exporters as well. As per our understanding, the GST law allows for a refund under the Inverted Duty Structure when the tax on inputs is higher than the tax on the output. However, we have encountered a situation where the refund of CESS paid on coal, which is a critical input in our manufacturing process, is not permitted under the current provisions.

Our Queries:

• We would like to clarify whether the refund of CESS paid on coal used in manufacturing is permissible under the Inverted Duty Structure, especially in the context of sales to merchant exporters.

We would be grateful if you could assist us in exploring any other avenues or provisions within the GST law that might allow us to claim relief or refund on the CESS paid on coal. Given the significance of this matter to our operations, we kindly request a prompt response to this query. Your guidance will greatly assist us in ensuring compliance with the GST regulations while optimizing our input tax credit utilization.

We appreciate your assistance and look forward to your valuable input.