Refunds Under GST Q2 Assignment

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

Refunds under GST

A person can make an application for refund of GST before expiry of two
years from the relevant date in such form and manner as may be
prescribed. Such refund may be claimed in the return filed in regular
manner by the taxable person if refund is related to credit balance in
electronic cash ledger. No refund shall be paid to an applicant if the
amount of refund is less than Rs. 1,000.

Refund Allowed In Case Of

1. Zero rated supplies made without payment of tax


2. Where refund is generated 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).
3. Tax paid on a supply which is not provided, either wholly or
partially, and for which invoice has not been issued, or where a
refund voucher has been issued.
4. 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.
5. Other conditions which the Government notifies.
Refund Not Allowed In Case Of

1. In case of goods or services which are notified by council in this


behalf.
2. Refund of unutilized input tax credit in where the goods
exported out of India are subjected to export duty.
3. Refund of unutilized input tax credit if the supplier of goods or
services or both avails of drawback in respect of central tax or
claims refund of the integrated tax paid on such supplies.
Application Procedure

The application is to be submitted along with the documents of

 Documents to establish that a refund is due


 Documents to establish that the amount of tax and interest was
collected from or paid by applicant and incidence of tax and
interest had not been passed to any other person.
Where the amount claimed as refund is less than Rs. 2 lakhs, the
applicant may file a declaration rather than the documentary or
other evidence certifying that the incidence of such tax and
interest had not been passed on to any other person.
 A Certificate in Annexure 2 of FORM GST RFD-01 issued by a
chartered accountant or a cost accountant certifying that
incidence of tax, interest or any other amount claimed as refund
has not been passed on to any other person, in a case where the
amount of refund claimed exceeds two lakh rupees.
Such declaration or certificate is not required when the amount of refund
is related to

(a) refund of tax paid on zero-rated supplies of goods or services or both


or on inputs or input services used in making such zero-rated supplies.
(b) refund of unutilised input tax credit under sub-section (3).
(c) refund of tax paid on a supply which is not provided, either wholly or
partially, and for which invoice has not been issued, or where a refund
voucher has been issued.
(d) refund of tax in pursuance of section 77.

Interest On Delayed Refund

If the refund is not paid within sixty days from the receipt of application
then interest is payable to the applicant at the rate of 6% or lower (Rate
yet not decided) from the date immediately after the expiry of sixty days
from the date of receipt of application till the date of refund of such tax.

Where refund arises from an order passed by an adjudicating authority or


Appellate Authority or Appellate Tribunal or court and which is not
refunded within sixty days from the date of receipt of application filed
consequent to such order, interest at rate of 9% or lower (Rate not
notified yet) is payable.
Withholding Of Refund

Refund can be withhold by the officer if the applicant is defaulted in


furnishing any return or who is required to pay any tax, interest or
penalty, which has not been stayed by any court, Tribunal or Appellate
Authority by the specified date. On clearing of such default the officer
has to issue the refund.
Specified means the last date for filing an appeal under this Act.

Advance Tax paid by a casual taxable person or non resident taxable


person shall not be refunded until such person files all the returns for
entire period for which he is granted registration.

Forms For Refund

S no. Form Number Purpose

1 GST RFD-01 Refund Application form


–Annexure 1 Details of Goods
–Annexure 2 Certificate by CA

2 GST RFD-02 Acknowledgement

3 GST RFD-03 Notice of Deficiency on Application for Refund

4 GST RFD-04 Provisional Refund Sanction Order

5 GST RFD-05 Payment Advice to bank

6 GST RFD-06 Provisional Refund Sanction Order under section 5

7 GST RFD-07 Refund adjusted against outstanding demand

8 GST RFD-08 Show cause notice for reject of refund application


9 GST RFD-09 Reply for form GST RFD-08

10 GST RFD-10 Refund Application under Section 55

You might also like