Refund Under GST Regime - 20 Important Questions Answered. Refund of Tax under Goods and Service Tax Act 2017. This article provide Deep analysis for Refund of Tax as per Goods & Service Tax Act 2017, GST Refund Procedure, GST Refund Important due Dates, Online GST Refund Procedure, GST Refund Rules 2017 etc…GST Applicability date, Short term and long term impact on GST & latest updates related to Refund under GST Regime. Lets understand what is the GST Online Refund under GST, Applicability of GST in GST Regime, GST rates, its impact on your business and latest updates about GST Act 2017. Now check more details for Refund Under GST Regime as per CGST Act 2017…
Refund under GST Regime
Q1. Is the word refund defined in the GST Act?Ans. Yes, the word refund is defined in explanation to Section 54 of the CGST Act. As per the said definition, refund includes refund of tax paid on:
- Zero-rated supplies of goods or services or both; or
- Inputs or input services used in the effecting such zero-rated supplies of goods or services or both; or
- Supply of goods regarded as deemed exports; or
- Refund of unutilized input tax credit at the end of any tax period.
Q2. Is there any time limit to claim refund under Section 54?
|Refund is in respect of goods exported outside India (or on inputs/ input services used in such goods)|
|(i) By sea||Date on which the ship or the aircraft in which such goods are loaded, leaves India|
|(ii) By Air|
|(iii) By land||Date on which such goods pass the frontier|
|(iv) By post||Date of despatch of goods by the concerned Post Office to a place outside India|
|Refund in respect of deemed exports||Date on which the return relating to such deemed exports is filed|
|Refund is in respect of services exported (or on inputs/ input services used in such services) (Where supply of service completed prior to receipt of payment )||Date of receipt of payment in convertible foreign exchange|
|Where payment for service received in advance||Date of issue of invoice|
|Tax becomes refundable as a consequence of:
||Date of communication of such judgment, decree, order or direction|
|Refund of unutilized input tax credit||End of the financial year in which such claim for refund arises|
|Tax is paid provisionally under this Act or the rules made thereunder||Date of adjustment of tax after the final assessment thereof.|
|In case of a person other than the supplier||Date of receipt of goods or services by such person|
|In any other case||Date of payment of tax|
Q4. Is there any form for claiming refund under Section 54?Ans. Yes, the person claiming refund has to make an application in Form GST RFD-01.
Q5. To whom should the claim for refund be made?
Q6. Can the refund of balance in cash or credit ledger be claimed?Ans. Yes, as per provisions of Section 49(6), the balance of cash or credit after payment of tax, interest, penalty, fee or any other amount payment refund can be claimed as per provisions of Section 54. Once the refund is claimed, the amount of credit of CGST/SGST/ IGST (as the case may be) would be reduced to that extent.
Q7. Can any registered person claim the refund under Section 54?
- (a) zero rated supplies made without payment of tax
- (b) where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council
Q8. Can United Nations Organisation claim refund?Ans. Yes. UNOs are entitled to claim refund of IGST/CGST/SGST paid on inward supplies of goods and/or services.
Q9. Is there any time limit for claiming refund by UNOs?
Q10. Can any person claim refund of any unutilised ITC at the end of the tax period?Ans. No, only the following registered persons can claim refund of unutilised ITC:
- 1. Persons undertaking exports (including other zero-rated supplies). Exception: No refund will be allowed on the goods exported out of India where such goods are subjected to export duty [second proviso to Section 54(3)];
- 2. Credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on outward supplies (other than cases of nil-rated or fully exempted supplies)
Q11. Is there any condition to claim refund of unutilised ITC?
Q12. Is there any document to be enclosed along with refund claim? If yes, what are the documents to be submitted?Ans. Yes, the following documents are required to be enclosed along with the refund application:
- Documentary evidence to establish that a refund is due to the applicant (prescribed under Rule 1(2) of the Refund Rules, 2017, and
- Documentary evidence to prove that incidence of tax and interest had not been passed on to any other person.
Q13. Is there any exemption for submitting the documents required for claiming refund?
Q14. Is there any way of obtaining a provisional sanction of refund claimed by the taxable person?Ans. Yes, the proper officer may sanction refund of an amount up to ninety percent of the total amount of refund claimed, on a provisional basis in case of exporters. However, certain categories of persons may be notified, to whom provisional sanction of refund cannot be made.
Q15. Is there any time limit on proper officer to pass final order after accepting the refund application?
Q16. Under what circumstances would refund be paid to the applicant?Ans. On receipt of application, where the proper officer is satisfied as regards the refund application filed, he would pass an order sanctioning the refund.
- refund of tax on goods and/or services exported out of India or on inputs or input services used in the goods and/or services which are exported out of India;
- refund of unutilized input tax credit under Section 54(3)
- refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued
- refund of tax in pursuance of Section 77
- the tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person; or
- the tax or interest borne by such other class of applicants as the Central or a State Government may, on the recommendation of the Council, by notification, specify