The ruling in brief
Where exporter claimed refund of unutilised ITC for period based on invoices issued for export supplies under bond/LUT, turnover for refund was determined by invoice date within relevant period, not actual export date, so denial on ground of subsequent export was unwarranted when export stood established and invoices fell in period, making refund allowable.
Where exporter claimed refund of unutilised ITC for export without payment of tax and department alleged minor inclusion of ineligible credits in Net ITC computation under rule 89(4), such ineligible ITC did not materially impact maximum refund, which remained higher than amount sanctioned, so refund grant required no disturbance and departmental appeal was dismissed
Provisions considered
Section 54, read with Sections 12 and 31, of Central Goods and Services Tax Act, 2017/Punjab Goods and Services Tax Act, 2017/Haryana Goods and Services Tax Act, 2017 - Rule 89 of Central Goods and Services Tax Rules, 2017/Punjab Goods and Services Tax Rules, 2017/Haryana Goods and Services Tax Rules, 2017; Section 54, read with Sections 16 and 17, of Central Goods and Services Tax Act, 2017/Punjab Goods and Services Tax Act, 2017/Haryana Goods and Services Tax Act, 2017 - Rule 89 of Central Goods and Services Tax Rules, 2017/Punjab Goods and Services Tax Rules, 2017/Haryana Goods and Services Tax Rules, 2017
This summary is for general information and is not legal advice. Read the full decision and the applicable law before relying on it.