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Showing contexts for: deemed export in M/S. Atc Tires Private Limited vs Joint Commissioner Of Gst & on 8 March, 2022Matching Fragments
28. That apart, the learned Standing Counsel for the respondents further submits that the decision of this Court rendered in the case of Platinum Holdings Private Limited [supra], is not applicable to the facts of the case as it relates to direct supply which has been now appealed before the Division Bench of this Court and the same is pending.
29. A specific reference was made to the clarification of the Central Board of Indirect Taxes and Customs (CBIC), vide Circular No. 17/17/2017- GST, dated 15.11.2017 for manual filing and processing of refund claims in respect of zero-rated supplies and Circular No. 24/24/2017-GST, dated 21.12.2017 for manual filing and processing of refund claims on account of inverted duty structure, deemed exports and excess balance in electronic cash ledger.
(b) supplier of services along with such evidence regarding receipt of services for authorised operations as endorsed by the specified officer of the Zone:
Provided also that in respect of supplies regarded as deemed exports, the application may be filed by, -
(a) the recipient of deemed export supplies; or
(b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund:
Provided also that refund of any amount, after adjusting the tax payable by the applicant out of the advance tax deposited by him under Section 27 at the time of registration, shall be claimed in the last return required to be furnished by him.
(g) a statement containing the number and date of invoices along with such other evidence as may be notified in this behalf, in a case where the refund is on account of deemed exports;
(h) a statement containing the number and the date of the invoices received and issued during a tax period in a case where the claim pertains to refund of any unutilised input tax credit under sub-section (3) of Section 54 where the credit has accumulated on account of the rate of tax on the inputs being higher than the rate of tax on output supplies, other than nil- rated or fully exempt supplies;