Refund

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 December 2018 Dear Experts,

we made supply to 100% EOU by charging IGST @0.10%. Can we get Refund of this IGST amount.

Pls clarify

CA Anita Bhadra

CA Anita Bhadra (Expert)
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03 December 2018 Yes , You can get refund .
In exercise of powers conferred under Section 147 of the CGST Act, the Central Government has issued Notification no. 48/2017-Central Tax dated 18.10.2017 wherein the supply of goods to EOU has been declared as Deemed Exports:

Who can file refund application in case of Deemed Exports supplies:-

As per 3rd proviso to Rule 89(1) of CGST Rules, 2017, application for refund in case of deemed exports can either be filed by the recipient of deemed export supplies.

Alternatively, the supplier of such deemed exports supplies can also file the refund application, in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund.

Time Limit for filing refund claim:-

For obtaining refund the recipient or supplier of deemed export supplies has to file an application in FORM GST RFD-01 through the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner before the expiry of two years from, the date on which the return relating to such deemed export supplies is to be furnished electronically.
The application has to be accompanied by a statement containing the number and date of invoices along with such other evidences as may be notified in this behalf