Question8:

I have following query, please reply on urgent basis:

1. We are taking draw back from July to Sept 2017 in transitional period at higher rate, now from 01.10.2017 we are taking draw back on custom portion and seeking the IGST refund. My doubt is that can we take IGST refund on stocks lying on 30.09.2017. Also we have not filed Tran-1 because we have already taken draw back till 30.09.2017. please suggest. In the above cases we are not eligible to take GST credit from july to sept. shall we have to shown in GSTR-3B or not?  We are also doing local job work along with export, can we take credit on job work sale and if yes then what will be formula for the same.

2. What is the document required for goods directly sent by job worker to another job worker or to buyer 

3. Can an textile exporter get refund of compensation cess.

Answer:

Point wise reply to your questions are as under'

1.  Date for furnishing Trans-1 has been extended till  27.12.2017 vide CBEC Circular No. 9/2017-GST dated 15.11.2017, accordingly you can still file the said statement in respect of credit involved on inputs lying with you as on 30.09.2017. After you have furnished the said statement of Trans-1 you will be able to claim refund of accumulated credit due to exports under the provisions of Section 54 of CGST Act, 2017 read with Rule 89 of the CGST Rules, 2017.   GSTR-3B is a tax statement with regard to purchase, sale including zero rated supply (export), availing of ITC and its utilization. You have to furnish the said return by 20th of the subsequent month. Late filing fee in respect of returns for the months of July to September, 2017 has been waived. Rs. 20/- per day late filing fee is applicable for the returns of October, 2017 onwards.  Since you have availed drawback benefit for the period July to September, 2017, therefore, you are not entitled at avail ITC for the said period, however, filing of the said return is a statutory requirement. Note Suppose you had stock of 10000 kg and you exported 5000 kg against higher rate of draw back then trans 1 will be filed for 5000 kg on which ITC is to be availed in GST

2.  You can send your inputs/capital goods for job work against Challan as per the provisions of Section 143 of CGST Act, 2017. Detailed procedure for sending inputs for job work are given under Rule 45 of CGST Rules, 2017 containing details prescribed under Rule 55. The detailed procedure is as under;

(i)  Goods can be sent directly to a job worker against a Challan issued under above said legal provisions.

(ii)  Goods can also be sent from one job worker to another job worker against a sub-Challan on which details of original Challan are to be mentioned.

(iii)  If the job worker is a registered person, then goods can be cleared from the place of such job worker against payment of appropriate GST

(iv)  If the job worker is not a registered person, then his premises should be declared as an additional place of business of Principal.

2.  No provision has been provided under GST for refund of Compensation Cess.(Reply Dt. 04/12/2017)