Clarifications on GST Refunds: Accumulated ITC, Export Refunds, and Adjusted Turnover – Circular No. 197/09/2023-GST
<p>Circular No. 197/09/2023-GST provides important clarifications on various aspects of GST refunds, addressing issues related to the refund of accumulated Input Tax Credit (ITC), the calculation of adjusted total turnover, and the process for claiming refunds in case of export scenarios. The objective of the circular is to resolve ongoing issues and ensure consistency in the application of the law across different jurisdictions.</p><p><strong>Key Highlights:</strong></p><ol><li><strong>Refund of Accumulated ITC Based on GSTR-2B</strong>:<br>The refund of accumulated ITC will be restricted to the ITC reflected in FORM GSTR-2B from 1st January 2022 onwards. Previously, refunds were allowed based on GSTR-2A, but with the introduction of GSTR-2B, the claim will now be restricted to the credit available as per this form. This change aims to streamline the refund process and ensure that only eligible credits are refunded.</li><li><strong>Changes in Undertaking for Refund Applications</strong>:<br>With the omission of Section 42 of the CGST Act and the removal of FORM GSTR-2 and GSTR-3, the requirement for an undertaking in FORM RFD-01 has been updated. Now, applicants must provide an undertaking ensuring that the refunded amount will be repaid to the government with interest if it is found that the conditions of Section 16(2)(c) were not met.</li><li><strong>Clarifications on Adjusted Total Turnover</strong>:<br>The circular clarifies the calculation of adjusted total turnover, particularly regarding exports. The value of goods exported outside India will be considered while calculating adjusted total turnover, aligning with the amended definition of "turnover of zero-rated supply" for accurate refund claims.</li><li><strong>Refund of IGST Paid Under Rule 96A for Exports</strong>:<br>Exporters who have paid IGST on exports but later realize the payment conditions (such as export completion or receipt of payment for export services) were met after the prescribed time limits, are entitled to claim refunds. However, refunds of interest paid under Rule 96A are not eligible.</li><li><strong>Refund Process for Excess Payment of Tax</strong>:<br>In cases where IGST is paid in excess, even if the refund conditions were met after the prescribed timelines, exporters are entitled to claim refunds under the category "Excess payment of tax." If this facility is not available on the portal, the refund can be applied under "Any Other."</li></ol><p>This circular ensures that exporters and businesses receiving refunds understand the new guidelines and clarifications, simplifying their GST compliance process.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-197.pdf">circular-cgst-197</a><br> </p>