Supplies in respect of which Refund of Accumulated Input Tax Credit is not available

Under the inverted duty structure, the rate of tax on inputs is higher than the rate of tax on output supplies. As per section 54(3) of the CGST Act, 2017, a registered person may claim refund of any unutilised input tax credit at the end of any tax period where the credit has accumulated on account of inverted rate structure (other than nil rated or fully exempted supplies). However, the Government on the recommendation of the Council may notify supplies of goods or services or both in respect of which refund of accumulated input tax credit is not available though such supplies are falling under the inverted duty structure. Accordingly, via Notification No 5/2017- Central Tax (Rate), the Government notified the goods in respect of which no refund of unutilised input tax credit shall be allowed, where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on the output supplies of such goods (other than nil rated or fully exempted supplies).

List of goods on which refund of accumulated input tax credit is not available

S. No.Tariff item, heading, sub- heading or ChapterDescription of Goods
1A1507Soya-bean oil and its fractions, whether or not refined, but not chemically modified
1B1508Ground-nut oil and its fractions, whether or not refined, but not chemically modified
1C1509Olive oil and its fractions, whether or not refined, but not chemically modified
1D1510Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509
1E1511Palm oil and its fractions, whether or not refined, but not chemically modified
1F1512Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified
1G1513Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified
1H1514Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified
1I1515Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically
1J1516Vegetable fats and oils and their fractions, partly or wholly hydrogenated, interesterified, re-esterified or elaidinised, whether or not refined, but not further prepared
1K1517Edible mixtures or preparations of vegetable fats or vegetable oils or of fractions of different vegetable fats or vegetable oils of this Chapter, other than edible fats or oils or their fractions of heading 1516
1L1518Vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516
1M2701Coal; briquettes, ovoids and similar solid fuels manufactured from coal
1N2702Lignite, whether or not agglomerated, excluding jet
1O2703Peat (including peat litter), whether or not agglomerated
1AA5007Woven fabrics of silk or of silk waste
25111 to 5113Woven fabrics of wool or of animal hair
35208 to 5212Woven fabrics of cotton
45309 to 5311Woven fabrics of other vegetable textile fibres, paper yarn
55407, 5408Woven fabrics of manmade textile materials
65512 to 5516Woven fabrics of manmade staple fibres
6A5608Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials
6B5801Corduroy fabrics
6C5806Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs)
760Knitted or crocheted fabrics [All goods]
88601Rail locomotives powered from an external source of electricity or by electric accumulators
98602Other rail locomotives; locomotive tenders; such as Diesel electric locomotives, Steam locomotives and tenders thereof
108603Self-propelled railway or tramway coaches, vans and trucks, other than those of heading 8604
118604Railway or tramway maintenance or service vehicles, whether or not self-propelled (for example, workshops, cranes, ballast tampers, trackliners, testing coaches and track inspection vehicles)
128605Railway or tramway passenger coaches, not self-propelled; luggage vans, post office coaches and other special purpose railway or tramway coaches, not self-propelled (excluding those of heading 8604)
138606Railway or tramway goods vans and wagons, not self-propelled
148607Parts of railway or tramway locomotives or rolling-stock; such as Bogies, bissel-bogies, axles and wheels, and parts thereof
158608Railway or tramway track fixtures and fittings; mechanical (including electro-mechanical) signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts of the foregoing

Note:

1. Nothing contained in the Notification No 5/2017- Central Tax (Rate) shall apply to the input tax credit accumulated on supplies received on or after the 1st day of August, 2018, in respect of goods mentioned at serial numbers 1AA, 2, 3, 4, 5, 6, 6A, 6B, 6C and 7 of the above Table.

2. In respect of said goods, the accumulated input tax credit lying unutilised in balance, after payment of tax for and upto the month of July, 2018, on the inward supplies received up to the 31st day of July 2018, shall lapse.