Reversal of credit u/s 42 on MEIS licence
Anjali Satra (CA Final Student) (25 Points)
22 February 2020Anjali Satra (CA Final Student) (25 Points)
22 February 2020
Himanshi Garg
(Ca Article)
(354 Points)
Replied 28 May 2020
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 28 May 2020
In my opinion, professional/consultant fees in relation to realisation/utilisation of MEIS scrip could be considered as directly attributable to exempt supplies.
Also, some related and unbifurcatable expenses (mainly admin expenses), telephone, internet, GST professional assistance fees, etc. could be considered as common credit for the purpose of ITC reversal. Although, this can be said to be completely attributable towards taxable services, as the incentive being applied for does not increase or reduce such expenses.
Anjali Satra
(CA Final Student)
(25 Points)
Replied 28 May 2020
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 28 May 2020
Then there may not be any ITC to be reversed. Please also see my answer above.
Anjali Satra
(CA Final Student)
(25 Points)
Replied 28 May 2020
Himanshi Garg
(Ca Article)
(354 Points)
Replied 28 May 2020
MAHESH KHATRI
(2 Points)
Replied 21 November 2020
Dear CA Akshay Hiregange
there any Circular from CBIC or any noticeication for not reversal ITC Please if you have then give circular / Notification Number Please
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 23 November 2020
No circular from CBIC to my knowledge. This is based on understanding the transaction and interpretation of law considering practical scnearios.
Sanjay Dwivedi
(Advocate & Consultant)
(143 Points)
Replied 01 December 2020
The department is asserting that even the credits relating to the purchase of inputs should be reversed. Its logic is that the inputs/goods which have been used for exports of goods have been used for earning MEIS scrips. In other words, the scrip has come into existence due to export of goods. Therefore anything that went into export of goods, is also connected with the scrip.
How to counter this argument?
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 01 December 2020
Credit in relation to export of goods is clearly eligible based on section 16 of IGST Act.
MEIS scrip although is an exempt supply, the credit in relation to export of goods cannot be considered for ITC reversal as the credit is directly attributable to the goods and not the scrip, which in turn is fully eligible.
This may be one of the ways to confuse or harass the assessee, suggest you to go meet with higher authorities to resolve this faster.
Alternatively, as the law is clear, await for them to raise an SCN and respond to the same.
Sanjay Dwivedi
(Advocate & Consultant)
(143 Points)
Replied 01 December 2020
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 01 December 2020
Yes Sanjay. There have been many instances where DGFT is not processing scrips. Also refunds being held. Exporters are given benefit on paper but in reality they face a lot of hardships to be globally competitive.
CA Akshay Hiregange
(Partner - Audit & Assistance)
(4515 Points)
Replied 30 March 2021
You would have to refer a book for the same or search for summaries as it is now something that can be responded over here. DGFT - Director General of Foreign Trade. Website - https://www.dgft.gov.in/CP/
Few Articles on FTP & Customs:
https://hiregange.com/a/impact-of-customs-on-gst
https://hiregange.com/a/foreign-trade-policy-ftp-201520-key-recent-updates-till-16042020
Hope this helps
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