2026-VIL-213-GSTAT-KLK
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SGST Tribunal

GST - Refund of Accumulated Input Tax Credit on Export of Goods without Payment of Tax under Section 54(3)(i) of the CGST Act, 2017 - Treatment of Credit Notes Issued under Section 34 in Adjusted Total Turnover under Rule 89(4) of CGST Rules, 2017 - Respondent exporting tea without payment of tax claimed refund of accumulated input tax credit for six months - The original authority sanctioned a part of the claim and rejected the rest - The First Appellate Authority allowed the Respondent's appeal after excluding credit notes issued during the period from the turnover for refund calculation - Whether credit notes issued under Section 34 of the CGST Act are to be deducted in arriving at the adjusted total turnover for refund under Rule 89(4) - HELD - The Chartered Accountant certificate and the GSTR-1 voucher register showed that the credit notes matched the GSTR-1 statements for the period and were issued within the time limit under Section 34(2). The Revenue argument regarding the period of the credit notes does not inspire confidence and cannot be relied on - Under Section 34(1) a credit note is issued where the taxable value exceeds that payable, the goods are returned or the supply is found deficient, so that the returned goods are no longer part of the supply. The taxable turnover therefore needs to be adjusted, and credit notes are to be deducted from the gross turnover for calculating refund under Rule 89(4). The First Appellate Authority rightly allowed the appeal - The Revenue appeal is dismissed
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