The Rule 89(4A) & 89(4B) of the CGST Rules, prescribed the manner of computing the eligible refund of unutilised ITC accumulated on account of export of goods under LUT, for cases where the inputs were procured availing the benefit of certain specified notifications under GST. It was an ongoing point of dispute by the Department that where the benefit of the specified notifications under GST has been availed by the registered person, the refund had to be mandatorily computed as per the said Rules 89(4A) and 89(4B) only.
Rule 96(10) of the CGST Rules, barred a registered person who had procured the inputs availing the benefit of certain specified notifications under GST, from exporting the goods on payment of IGST. The Rule 96(10) has in the past seen a plethora of amendments and clarifications, which have also been a bone of contention between the registered persons under GST and the Department.
With the omission of the said rules, it would be relevant to know the possible fallouts, implications, and the broad way forward.
Speakers
- Ratan Jain – Executive Partner, LKS
- Nirav Karia – Partner, LKS
- Vatsal Bhansali – Principal Associate, LKS