IGST Refund - Lupin issued Rs 336 Crore Show Cause Notice
By TIOL News Service
NEW DELHI, JULY 23, 2024: THE CBIC has stepped up its recovery drive under GST. In the latest case, based on audit findings, Mr/s Lupin Ltd has been issued SCN (DRC-01) for Rs 336 Crore. The allegation against the company is that it has taken double benefits of exemption under Advance Authorisation scheme and also availed refund of IGST paid on exported goods.
The SCN has been issued by the Audit Commissionerate III, Mumbai. Relying on Rule 96(10) of the CGST Rules, 2017, the GST authorities have argued that restrictions have been imposed on the 'persons' claiming refund if IGST paid on exports who have availed benefit under export promotion scheme.
In its defence, the company has pleaded that the registered person under the state of Maharashtra has paid IGST on import of inputs and availed exemption of only BCD and, therefore, the benefit of explanation to Rule 96(10)(b) is available to them irrespective of the fact that their GSTIN in respect of Gujarat has availed exemption of both BCD and IGST under exemption Notification No 79/2017-Customs dated 13/10/2017.
It is learnt that the DGGI has also been investigating similar cases of double benefits availed by various taxpayers.
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