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CBIC clarifies issues related to claiming ITC of debit note, carrying of e-invoice with e-way bill and refund of NIL rate of export duty

Notification 12/2021-central tax rate
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The Central Board of Indirect Taxes and Customs (CBIC) has notified the circular in which clarifications have been issued for various items which are as follows:-

Regarding De linking of Debit notes

W.e.f. 01-01-2021, the section 16(4) has been amended in which it has been stated that the debit notes are de-linked with the original invoice issued. So, for the purpose of claiming the ITC for the debit notes, it has to be calculated as per the date of debit note for the purpose of claiming instead of the date of original invoice as per section 16(4).

Whether carrying of physical invoice is required in case of E-Invoice

In the circular it has been clarified that the carrying of E-Invoice along with E-way bill is not mandatory as the proper officer can authenticate the Invoice with the QR code.

Regarding refund of unutilized ITC in case of NIL rate of export duty

In the case of refund of unutilized ITC in case of NIL rate of export duty, it has been stated that if there is export duty levied on export, then there shall be restriction in case of refund of unutilized ITC.

To view and download the circular, click here Circular

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