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Circular No. 233/27/2024-GST
F. No. CBIC-20001/6/2024-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
***

New Delhi, dated the 10
th
September, 2024
To,

The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners /
Commissioners of Central Tax and Central Tax (Audit) (All)
The Principal Directors General / Directors General (All)

Madam/Sir,

Subject: Clarification regarding regularization of refund of IGST availed in
contravention of rule 96(10) of CGST Rules, 2017, in cases where the exporters had
imported certain inputs without payment of integrated taxes and compensation cess -
regarding.

Sub-rule (10) of rule 96 of Central Goods and Services Tax Rules, 2017 (hereinafter
referred to as “CGST Rules”) provides for a bar on availment of the refund of integrated tax
(IGST) paid on export of goods or services, if benefits of certain concessional/exemption
notifications, as specified in the said sub-rule, have been availed on inputs/raw materials
imported or procured domestically. In this regard, references have been received from the
field formations and trade/ industry wherein clarification has been sought on whether refund
of integrated tax paid on exports of goods by a registered person can be regularized in a case
where the registered person had initially imported inputs without payment of integrated tax
and compensation cess, by availing the benefits under Notification No. 78/2017-Customs
dated 13.10.2017 or Notification No. 79/2017-Customs dated 13.10.2017, but subsequently,
at a later date, the said person has either paid the IGST and compensation cess, along with
interest, on such imported inputs or is now willing to pay such IGST and compensation cess,
along with interest.

2. The issue has been examined and in order to clarify the issue and to ensure
uniformity in the implementation of the provisions of law across the field formations, the
Board, in exercise of its powers conferred by section 168 (1) of the Central Goods and
Services Tax Act, 2017 (hereinafter referred to as “CGST Act”), hereby clarifies the
following:

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2.1 Vide Notification No. 16/2020-CT dated 23.03.2020, an Explanation was inserted in
sub-rule (10) of rule 96 of CGST Rules retrospectively with effect from 23.10.2017, which
reads as follows:
“Explanation. - For the purpose of this sub-rule, the benefit of the notifications
mentioned therein shall not be considered to have been availed only where the
registered person has paid Integrated Goods and Services Tax and
Compensation Cess on inputs and has availed exemption of only Basic Customs
Duty (BCD) under the said notifications.”

2.2 A bare perusal of the said Explanation, which was inserted with retrospective effect,
reveals that in cases where the benefits of these exemption notifications have not been availed
in respect of IGST and compensation cess, it shall be deemed that benefit of the said
notifications has not been availed for the purpose of sub-rule (10) of rule 96 of CGST Rules.
Therefore, extension of logic given in the said Explanation may lead to a view that in cases
where inputs were initially imported without payment of integrated tax and compensation
cess but subsequently, IGST and compensation cess on such imported inputs is paid at a later
date, along with interest, then in such cases, it can be considered that the benefits of
notifications mentioned in clause (b) of sub-rule (10) of rule 96 of CGST Rules have not been
availed for the purpose of said sub-rule. Accordingly, refund of IGST claimed on exports
made with payment of Integrated tax in such cases may not be considered to be in
contravention of provisions of sub-rule (10) of rule 96 of CGST Rules.

2.3. In view of the above, it is clarified that where the inputs were initially imported
without payment of integrated tax and compensation cess by availing benefits under
Notification No. 78/2017-Customs dated 13.10.2017 or Notification No. 79/2017-Customs
dated 13.10.2017, but subsequently, IGST and compensation cess on such imported inputs
are paid at a later date, along with interest, and the Bill of Entry in respect of the import of the
said inputs is got reassessed through the jurisdictional Customs authorities to this effect, then
the IGST, paid on exports of goods, refunded to the said exporter shall not be considered to
be in contravention of provisions of sub-rule (10) of rule 96 of CGST Rules.

3. It is requested that suitable trade notices may be issued to publicize the contents of
this Circular.

4. Difficulty, if any, in implementation of the above instructions may please be brought
to the notice of the Board. Hindi version would follow.


(Sanjay Mangal)
Principal Commissioner (GST)