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GST & Tax4 min read

GST Refund for Exporters and Inverted Duty Structure

By MDR Law & Associates ·

Exporters can claim a GST refund in one of two ways: exporting under a Letter of Undertaking (LUT) without paying IGST and claiming a refund of the accumulated input tax credit used in making the export, or paying IGST on the export and claiming that amount back as a refund. Most regular exporters use the LUT route since it avoids tying up cash in tax paid upfront, but it requires careful, ongoing reconciliation between export invoices, shipping bills, and the credit claimed.

An inverted duty structure arises when the GST rate on inputs (raw materials, components) is higher than the GST rate on the output (finished goods) — common in certain manufacturing sectors — which results in input tax credit accumulating faster than it can be used against output liability. The law allows a refund of this accumulated credit, though it is restricted to input goods (not input services, currently) and is calculated using a specific formula that limits the refundable amount.

In both categories, refund applications are frequently delayed or rejected over document mismatches — a shipping bill date that doesn't align with the invoice, an incorrect FIRC (foreign remittance certificate) reference, or a formula miscalculation in the inverted duty claim. These are usually fixable through a rectified application or appeal, but each round adds months to when the business actually receives its cash back.

Exporters and manufacturers with recurring input tax credit accumulation should have their refund claims prepared and reviewed by someone familiar with the department's common grounds for rejection, since a clean first application is significantly faster than a rejected one followed by appeal. Our GST & Tax practice prepares and pursues GST refund claims for exporters and manufacturers across Tamil Nadu.

#GSTRefund#ExportGST#InvertedDutyStructure#LUT
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