Tax Refund Archives | XaTTaX GST Blog

BPO firms left in the lurch over input tax refund

November 28, 2019 admin Comments 0 Comment

India’s business process outsourcing industry is in a quandary as refunds of taxes paid on inputs remain stalled for want of a clear directive from the government. A directive that sought to clarify what constitutes exports, and hence shouldn’t be subject to goods and services tax at the rate of 18%, received in-principle approval at the GST Council meeting in Goa in September, but it is being examined afresh and may land before the GST Council’s law committee owing to the revenue outgo.

“There is a view that more clarity is needed to define markers that would help identify which entity is an intermediary and which is not,” a government official privy to the deliberations told ET.

The Maharashtra Appellate Authority for Advance Ruling (AAAR) had held in a ruling in February that back-office support services did not qualify as “export of service” and were in the nature of arranging or facilitating supply of goods or services between overseas companies and customers. It said these services fell in the category of intermediary services and were liable to GST.

The government sought to clarify the issue via a circular in July, but one part of the circular left the key issue of classifying whether a company offered intermediary services or carried out exports to the discretion of the taxman. This accentuated the problem further for the over-$180-billion sector as tax officials began to use it as a general principle and issued notices to IT firms. Some companies operating out of SEZs were also not spared.

Experts for Early Resolution
The issue was again examined by the law committee and taken to the GST Council meeting in September that gave in-principle nod for clarifying the issue further.

There is a thinking within the government that since the circular will lay down criteria for identification of intermediaries and has revenue implications, it should be examined again by the law committee of the GST Council, said the official cited earlier.

As a principle, taxes on exports are neutralised through refunds. Back-office services have traditionally enjoyed this status.

Experts said industry would expect an early resolution of the “intermediary issue” since refunds are getting stuck for many companies on these grounds.

“IT and ITeS service providers are struggling to get their refunds in certain jurisdictions given the issue of intermediary has yet not been clarified even post the approval by the GST Council,” said Bipin Sapra, partner, EY.

Pratik Jain, national leader, indirect taxes, PwC said the authorities “are raising some fundamental issues in a few cases, such as services provided to overseas group company do not qualify as ‘export’ as these are within entity transactions”.

He said these issues not only impact the competitiveness of Indian industry but also lead to cash flow issues and unwarranted disputes dent the confidence of the global investor community.

Given that all exports are under dispute, the sector faces total denial of all export benefits, said Jain, adding that the GST Council should have a mechanism for discussing such issues internally before issuance of notices.

India has more than 500 global in-house delivery centres.

Source: Economic-Times

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Easier tax refund regime for exporters in the works

September 21, 2018 admin Comments 0 Comment

The government is examining the tax refund mechanism for exporters under goods and services tax (GST) and may announce some measures over the next few days to streamline the process and speed up repayments. “Some measures are being looked at…,” a senior official told ET, adding that these could be unveiled by the weekend.

Exporters say delay in refund under GST impacts business and raises working capital cost. Last week, Finance Minister Arun Jaitley had said the government would take steps to boost exports.

The Central Board of Indirect Taxes and Customs (CBIC) has taken several steps to ease the process of refund for exporters, but some issues persist. It has had a detailed discussion with industry representatives on the issues faced by them in getting refunds seamless.

The government is now looking at all the procedures, as also execution issues at the central and state government levels, which are impacting exporters.

According to the official, it could consider some procedural relaxations to make tax refund seamless and easier. The restriction on inputs imported under some exemption notifications retrospectively is in focus, the official said, adding that the government could consider restricting refund of taxes only for those exports that use inputs under some exemption notification.

Industry representatives say challenges are more on account of state tax authorities lacking familiarity with some export schemes. State officers, they said, demand different set of documents and withhold refunds even after they have been sanctioned by the Centre. This is especially so in cases of services exports.

Sometimes refunds are rejected due to minor issues such as a change in the jurisdiction of officers. The jurisdiction office appearing on the GSTN portal may be different from the actual jurisdiction in the record of the department, and that sometimes leads to issues despite instructions from the CBIC that the issue should not hold up refunds.

The official said the government could look at providing a reconciliation mechanism for exporters to understand against which claims they have received the tax refund amount for integrated GST rebate claim.

Experts say the government must provide some new formulation to assuage exporters’ concern on refunds.

“Integrated GST refunds have streamlined largely except for internal container depots, but input tax credit refund still remains an issue,” said Ajay Sahai, director-general of Federation of Indian Export Organisations. “The government needs to address the situation expeditiously.”

Anita Rastogi, partner at PwC, said, “It is an expectation from the government to formulate a solution to eradicate the concern of businesses.

Ideally, the methodology may be prescribed where the restriction shall be applicable only on those outputs which are exported after using the inputs procured under the said notifications.”