Refund of GST on Ocean Freight from 01.07.2017 till Date
[Reaction by Pradeep Jindal, India Pulses & Grains
Association]
<GST
Ocean Freight _Judgement_19-May-2022>
As all are aware Supreme Court dismissed GST Dept SLP on 19th May 2022 and what I gathered from experts
that is:
1. You can apply refund (total GST paid on ocean freight
) within 2 years from SC order date i.e ,19.05.2022.
Period is from 01.07.2017 till paid
2. Refund application will be in pursuant of SC order
3. You have to create income in current financial year balance sheet
2022-23 as refund claimed
4. GST Dept has to give refund in 60 days
from filing of refund application
5. You have to give all documents to ca or advocate as per their requirements
6. Important point is that GST on ocean freight, you have taken input
or not?
This point must be clear to CA or Advocate
7. Since mostly all of us are dealing in pulses which is in exempted
category under GST so I believe that no one takes input credit. Hence our case
is eligible for 100 pct refund
8 This current development is only after SC dismissed GST Dept SLP
9. From now onwords
It is advised at your disposal to stop to pay GST on
ocean freight amount
You are requested to please talk your CA or Advocate
individually and update their opinion in this group