• Claiming of ITC available against import

Hi,
we are importer of servers for our it company, which provide IT solutions to our clients overseas. on import we pay IGST which is accumulated and we have not claimed it yet since last 6 months. we are exporting our IT services to HongKong now, under LUT without payment of IGST and taking payment in our company's account from overseas in USD. so can we claim our IGST accomulated because of import of servers.
Asked 4 years ago in GST

Hi 

Yes, you can claim refund for the ITC accumulated. Application has to made online in RFD 01.

 

We may assist you with the same.

Lakshita Bhandari
CA, Mumbai
5687 Answers
935 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Yes, you can claim the same though online by filing form RFD 01.

 

We may assist you in entire procedure.

Payal Chhajed
CA, Mumbai
5188 Answers
299 Consultations

- You can get refund of IGST paid on import of servers. File the refund application online. File the refund application for 6 months if the refund amount is more.

Vivek Kumar Arora
CA, Delhi
4959 Answers
1108 Consultations

Hello,

 

Yes, you can claim the refund of IGST accumulated.

I hope this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Yes you can surely claim ITC and if you are having ITC you must not export under LUT as it would be helpful for you to easily claim refund of such ITC used for paying export GST.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4293 Answers
101 Consultations

Dear sir

 

yes u can claim the itc through filling RFD 1.

we can help u in the process of filling same.

Poorvi Jain
CA, Indore
143 Answers
1 Consultation

Dear Sir,

 

As per the provisions of GST Act, any exporter if have accumulated balance in the GST Credit can claim the refund by filing the FORM RFD-01. 

Refund in regard to following can be claimed:

 

1) GST paid on purchase of goods* with in India or outside India

2) GST paid on purchase of services with in India or outside India

*GST paid on Capital Goods are not allowed as refund as per the current provisions of GST act.

 

Capital Goods means goods, the value of which is capitalized in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business.

 

Accordingly if you have capitalized the servers in the books of accounts then it will be considered as Capital Goods and refund cannot  be claimed otherwise you can claim the refund.

 

Thanks and Regards 

Divya Chugh 

Divya Chugh
CA, Noida
190 Answers
3 Consultations

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