Notified supplies on which refund of unutilised ITC is not allowed [Section 54(3) of CGST Act]

Notification No. 05/2017 - Central Tax (Rate) dated 28-06-2017 [Notified Goods on which refund of unutilised ITC is not allowed]

Notification No. 05/2017-Central Tax (Rate) dt. 28-06-2017

 In exercise of the powers conferred by proviso to section 54(3)(ii) of the CGST Act, 2017,

No refund of unutilised ITC on inverted rate structure on following goods

The CG, notifies the goods, the description of which is specified in column (3) of the Table below and falling under the tariff item, heading, sub-heading or Chapter, as the case may be, as specified in column (2) of the said Table, in respect of which no refund of unutilised ITC 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 exempt supplies).

 

[1][Provided that,-

(i) nothing contained in this notification 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 [2][1AA], 2, 3, 4, 5, 6, 6A, 6B, 6C and 7 of the Table below; and

(ii) 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.]

 

Table

S.No.

Tariff item, heading, sub-heading or Chapter

Description of Goods

(1)

(2)

(3)

[3][1A.

1507

Soya-bean oil and its fractions, whether or not refined, but not chemically modified]

[4][1B.

1508

Ground-nut oil and its fractions, whether or not refined, but not chemically modified.]

[5][1C.

1509

Olive oil and its fractions, whether or not refined, but not chemically modified.]

[6][1D.

1510

Other 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]

[7][1E.

1511

Palm oil and its fractions, whether or not refined, but not chemically modified.]

[8][1F.

1512

Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified.]

[9][1G.

1513

Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified.]

[10][1H.

1514

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified.]

[11][1I.

1515

Other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified.]

[12][1J.

1516

Vegetable fats and oils and their fractions, partly or wholly hydrogenated, interesterified, re-esterified or elaidinised, whether or not refined, but not further prepared.]

[13][1K.

15171

Edible 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]

[14][1L.

1518

Vegetable 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]

[15][1M.

2701

Coal; briquettes, ovoids and similar solid fuels manufactured from coal]

[16][1N.

2702

Lignite, whether or not agglomerated, excluding jet]

[17][1O.

2703

Peat (including peat litter), whether or not agglomerated]

[18][1AA.]

5007

Woven fabrics of silk or of silk waste

2.

5111 to 5113

Woven fabrics of wool or of animal hair

3.

5208 to 5212

Woven fabrics of cotton

4.

5309 to 5311

Woven fabrics of other vegetable textile fibres, paper yarn

5.

5407, 5408

Woven fabrics of manmade textile materials

6.

5512 to 5516

Woven fabrics of manmade staple fibres

[19][6A.

5608

Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials]

[20][6AA.

5605

Imitation zari thread or yarn made out of Metallised polyester film /plastic film;

Explanation: This entry shall apply for refund of input tax credit only on polyester film /plastic film]

[21][6B

5801

Corduroy fabrics]

[22][6C

5806

Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs)]

7.

60

Knitted or crocheted fabrics [All goods]

8.

8601

Rail locomotives powered from an external source of electricity or by electric accumulators

9.

8602

Other rail locomotives; locomotive tenders; such as Diesel-electric locomotives, Steam locomotives and tenders thereof

10.

8603

Self-propelled railway or tramway coaches, vans and trucks, other than those of heading 8604

11.

8604

Railway or tramway maintenance or service vehicles, whether or not self-propelled (for example, workshops, cranes, ballast tampers, trackliners, testing coaches and track inspection vehicles)

12.

8605

Railway 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)

13.

8606

Railway or tramway goods vans and wagons, not self-propelled

14.

8607

Parts of railway or tramway locomotives or rolling-stock; such as Bogies, bissel-bogies, axles and wheels, and parts thereof

15.

8608

Railway 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

 

Explanation. –

(1) In this Table, “tariff item”, “sub-heading”, “heading” and “Chapter” shall mean respectively a tariff item, sub-heading, heading or chapter, as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).

(2) The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975, including the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to the interpretation of this notification.

2. This notification shall come into force with effect from the 1st day of July, 2017.

 

[1] Proviso inserted by Notification No. 20/2018-Central Tax (Rate) dt. 26-07-2018.

[2] Substituted for “1” by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[3] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[4] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[5] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[6] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[7] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[8] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[9] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[10] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[11] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[12] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[13] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[14] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[15] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[16] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[17] Entry inserted by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[18] Substituted for “1” by Notification No. 09/2022-Central Tax (Rate) dt. 13-07-2022 wef 18-07-2022.

[19] Renumber from 6A to 6B by Notification No. 44/2017-Central Tax (Rate) dt. 14-11-2017 wef 15-11-2017

Inserted by Notification No. 29/2017-Central Tax (Rate) dt. 22-09-2017 as

6A.

5801

Corduroy fabrics.

 

[20] Inserted by Notification No. 20/2023-Central Tax (Rate) dt. 19-10-2023 wef 20-10-2023.

[21] Entry inserted by Notification No. 44/2017-Central Tax (Rate) dt. 14-11-2017 wef 15-11-2017.

[22] Entry inserted by Notification No. 44/2017-Central Tax (Rate) dt. 14-11-2017 wef 15-11-2017.

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