QUESTION

Whether Rule 96(10) of CGST Rules, 2017 was effective from 23.10.2017 as per Notification No.39/2018-CT dated 04.09.2018, or it was effective from 09.10.2018 according to Notification no.54/2018-CT.

ANSWER

LAW APPLICABLE:

Para 3 of Circular No. 70/44/2018 -GST is laid as under;

" 3. Allowing exporters who have received capital goods under EPCG to claim refund of IGST paid on exports:

3.1 Sub-rule (10) of Rule 96 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as 'said sub-rule'), restricts exporters from availing the facility of claiming refund of IGST paid on exports in certain scenarios. It was intended that exporters availing benefit of certain notifications would not be eligible to avail the facility of such refund. However, representations have been received requesting that exporters who have received capital goods under the Export Promotion Capital Goods Scheme (hereinafter referred to as 'EPCG Scheme'), should be allowed to avail the facility of claiming refund of the IGST paid on exports. GST Council, in its 30th meeting held in New Delhi on 28th September, 2018, had accorded approval to the proposal of suitably amending the said sub-rule along with sub-rule (4B) of rule 89 of the CGST Rules prospectively in order to enable such exporters to avail the said facility notification No. 54/2018 ' Central Tax dated the 9th October, 2018 has been issued to carry out the changes recommended by the GST Council. Alongside the amendment carried out in the said sub-rule through the notification No. 39/2018- Central Tax dated 4th September, 2018 has been rescinded vide notification No. 53/2018 ' Central Tax dated the 9th October, 2018.

3.2 For removal of doubts, it is clarified that the net effect of these changes would be that any exporter who himself/herself imported any inputs/capital goods in terms of notification Nos. 78/2017-Customs and 79/2017-Customs both dated 13th October, 2017 shall be eligible to claim refund of the IGST paid on exports till the date of the issuance of the notification No. 54/2018 ' Central Tax dated the 9th October, 2018 referred to above.

3.3 Further, after the issuance of notification No. 54/2018 ' Central Tax dated the 9th October, 2018 , exporters who are importing goods in terms of notification Nos. 78/2017-Customs and 79/2017-Customs both dated 13th October, 2017 would not be eligible for refund of IGST paid on exports as provided in the said sub-rule. However, exporters who are receiving capital goods under the EPCG scheme, either through import in terms of notification No. 79/2017-Customs dated 13th October, 2017 or through domestic procurement in terms of notification No. 48/2017-Central Tax, dated 18th October, 2017, shall continue to be eligible to claim refund of IGST paid on exports and would not be hit by the restrictions provided in the said sub-rule. All clarifications issued in this regard vide any Circular issued earlier are hereby superseded. "

INTERPRETATION:

Rule 96(10) was amended vide Notification No.39/2018-CT dated 04.09.2018 retrospectively wef 23.10.2017. The restriction on refund of output tax liability in case of EPCG was still valid through this amendment.

However, with an amendment vide Notification no. 54/2018-CT dated 09.10.2018 prospectively wef 09.10.2018 the restriction under rule 96(10) was lifted in case of EPCG procurements.

The same view is clarified by Circular No. 70/44/2018 -GST reproduced above.

CONCLUSION:

Rule 96(10) restricts the refund of output tax paid while making exports in certain cases wherein the supplier has availed the benefits of Merchant Exporter Notification 41/2017 (I) and Notification 40/2017 (C), Deemed Exports Notification 41/2017 etc.

But the said restriction was lifted in case of EPCG through notification no. 54/2018 wef 9/10/2018. (Reply dt. 06/06/2022 )