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Question ID : 38126

Igst credit/refund of re-export of customs rejected goods

An import is made (100 Tons). Bill of entry for home consumption made and IGST paid on full 100 Tons. . On physical examination, customs disallowed import of 15 tons. This 15 tons is re-exported. Question 1. Is it possible to claim IGST ITC on full 100 Tons or on only 85 Tons? 2. If ITC allowed on 15Tons, whether this ITC on 15Tons can utilised on other domestic sales of company or have to be applied for refund?

Posted by Sivaraman A.R. on May 06, 2019

Filed Under GST

Answer ID : 76535

The ITC will be available only on 85 Tons. the 2nd question does not arises

Posted by CA. BISHT RAKESH on May 06, 2019
Answer ID : 76536

Thanks a lot for your answer sir. Can you please enlighten me which GST provision section does not alllow ITC on 15 Tons?

Posted by Sivaraman A.R. on May 06, 2019
Answer ID : 76542

YOU WILL BE ELIGIBLE TO TAKE CREDIT OF IPT FOR ONLY 85 TONS. NOT ONLY PAYMENT OF TAX, BUT ALSO RECEIPT OF GOODS/ SERVICES IS REQUIRED TO CLAIM IPT. AS 15 TONS WERE RE EXPORTED, YOU CAN CLAIM REFUND OF IGST PAID ON THE SAID QTY. WHY DID YOU PAY IGST BEFORE CUSTOMS CLEARANCE ? /

Posted by CA. VENKITARAMAN K V on May 07, 2019