Section 54(4) Documentary Evidence for Refund - GST Ready Reckoner - GST

..... ort of goods Statement containing the number & date of Shipping Bill/Bill of Export Statement containing the number & date of relevant Export Invoices 89(2)(c) Refund on account of export of services Statement containing the number & date of Invoices Statement containing the number & date of BRC/FIRC 89(2)(d) Refund on account of supply of goods made to SEZ unit/developer Statement containing the number & date of Invoices in Rule 46 Evidence regarding the endorsement specified in the 2nd proviso to Rule 89(1) 89(2)(f) If supplier claims refund - Then a Declaration to the effect that SEZ unit/developer has not availed ITC However, now w.e.f. 1st February, 2019 said rule has been substituted vide Central Goods and Services .....

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Section 54(4) Documentary Evidence for Refund - GST Ready Reckoner - GST

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..... ement showing details of such transactions 89(2)(k) Refund on account of excess payment of tax Statement showing details of the amount of claim However, it is significant to note that CBIC vide Circular No. 125/44/2019- GST dated 18th November, 2019 has issued a detailed list of documentary evidence that is required to be filed with each type of refunds. For the ease of reference, each set of documentary evidence is incorporated in each chapter dealing with respective refunds. 2. Declaration/Certification Section 54(4)(b) of the GST Act, 2017 requires the documentary or other evidence as the applicant may furnish to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such ref .....

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Section 54(4) Documentary Evidence for Refund - GST Ready Reckoner - GST

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..... x (Amendment) Act, 2018 with effect from 1st February, 2019. Section 54(8) enumerates the type of refunds in which there is no requirement to check the principal of unjust enrichment. In other words, prior to the amendment, refund on the account of zero-rated supply could be applied by person without following the principal of unjust enrichment. But with the proposal of the Government to allow DTA unit to charge and recover the tax amount from SEZ Unit or SEZ Developer (i.e. now refund can be applied by both, obviously one of them will claim whosoever bears the tax burden), it becomes necessary in such case to prove unjust enrichment by the supplier for which this amendment has been brought. Hence, Government wants to apply principal of unj .....

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Section 54(4) Documentary Evidence for Refund - GST Ready Reckoner - GST

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..... d to enrich inequitably at the expense of another. A right of recovery under the doctrine of ‘unjust enrichment’ arises where retention of a benefit is considered contrary to justice or against equity. The concept is inbuilt in section 54(5) read with section 54(8) of the CGST Act, 2017. Every claim of refund sanctioned will be credited to the Consumer Welfare Fund in terms of section 54(5) of CGST Act, 2017. It will, instead of being credited to the fund, be paid to the claimant in situations mentioned in Section 54(8). Thus, the principle will not apply to refund claims arising on account of exports, refund of accumulated ITC on account of exports and inverted rate structure, where wrong tax is paid (IGST instead of CGST+SGST .....

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Section 54(4) Documentary Evidence for Refund - GST Ready Reckoner - GST

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