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Refund Process in GST Regime - GST

Dated:- 19-12-2015 - REPORT OF THE JOINT COMMITTEE ON BUSINESS PROCESSES FOR GST ON REFUND PROCESSES SITUATIONS WHERE REFUND WOULD ARISE: Excess payment due to mistake and inadvertence, Export (including deemed export), Finalization of Provisional Assessment, Refund of pre deposit in case of Appeal or Investigation, Refund for Tax payment on transactions by UN bodies, CSD Canteens, Para-military forces canteens, etc. Refund from Manufacturing / Generation/ Production/Creation of Tax- free suppli .....

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or wrong mention (deposit) of tax amount. In first two situations i.e. in case of wrong mention of nature of tax (CGST / SGST / IGST) or in case of wrong mention of GSTIN, the tax administration is required to verify the correctness of the taxpayer s claim and therefore the taxpayer may file a refund application which should be decided within a period to be prescribed by the GST Law. In the first and third situation, the refund of excess amount of tax, at the option of the taxpayer, would either .....

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tax credit) and thereafter claiming the rebate of the duty paid on exported goods. EXPORT (INCLUDING DEEMED EXPORT) OF GOODS / SERVICES The following process is proposed for making this system as simple as possible: Verification: The IEC details of taxpayer will be captured at the time of issuance of GSTIN and the same will be verified online with DGFT. Application: The refund of ITC / rebate of GST paid on exported goods may be granted on submission of application to this effect by the taxpayer .....

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EGATE. DEEMED EXPORT OF GOODS OR SERVICES: Supplier of domestically produced duty paid goods when supplied to EOUs / SEZs / Projects under International Competitive Bidding (ICB) / Mega Power Plants/World Bank Funded Projects can seek refund of terminal excise duty as also drawback of the duty paid on the inputs used in manufacture of such goods. EXPORT (INCLUDING DEEMED EXPORT) OF GOODS / SERVICES GENERAL: No Partial refund. Entire refund claim may be sanctioned within the time limit laid down .....

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iod for the outcome of the appeal / application for stay. GST Law Drafting Committee may also consider for providing powers to jurisdictional authority at sufficiently senior level for withholding the refund in exceptional cases on the condition that interest at appropriate rate has to be paid. PRE DEPOSIT IN CASE OF APPEAL OR INVESTIGATION The refund of such amount may be handled as per the procedure given below: A separate mechanism for the accounting. Amount of tax paid during investigation, .....

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CASE OF APPEAL OR INVESTIGATION The model GST Law may provide for a time limit after which only the refund can be sanctioned either by cash or by adjustment order at the option of the tax payer by the jurisdictional officers. Refund may be withheld only if the department has obtained a stay order on the operation of the adjudication order, failing which refund has to be allowed. TAX PAYMENT ON TRANSACTIONS BY UN BODIES, CSD CANTEENS, PARA-MILITARY FORCES CANTEENS, ETC. The following process for .....

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nnexure-VII to this document. Same process to apply for CSD canteen/CPMF canteen etc. No exemption in Tax but refund of Tax to be made. REFUND OF CARRY FORWARD INPUT TAX CREDIT The ITC may accumulate on account of the following reasons: Inverted Duty Structure i.e. GST on output supplies is less than the GST on the input supplies; Stock accumulation; Capital goods; and Partial Reverse charge mechanism for certain services. GST Law may provide that refund of carried forward ITC may not be allowed .....

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end will get simultaneously reduced / adjusted on the basis of credit notes issued by the supplier and the corresponding debit notes issued by the buyers. Refund would be granted after due validation including matching of credit and debit notes. TAX REFUND FOR INTERNATIONAL TOURISTS Refund of GST will be available at designated airports and ports only and the refund of the GST paid on retail purchase by the foreign tourists during their stay in India is allowed. A part of the eligible amount of .....

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proper officer under the Custom Act gives an order for export known as LET EXPORT ORDER . 3. On account of Export of Services. Date of BRC. 4. On account of finalization of provisional assessment. Date of the finalization order. 5. In pursuance of an appellate authority s order in favour of the taxpayer. Date of communication of the appellate authority s order. 6. On account of payment of GST During investigation, etc. when no/less liability arose at the time of finalization of investigation pro .....

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payment of GST. 9. On account of refund of accumulated ITC due to inverted duty structure. Last day of the financial year. DOCUMENTS TO BE FILED FOR REFUND Documents evidencing tax payments required to be enclosed with the refund application should be minimal but adequate: All payments of tax will be in electronic mode and all B2B invoices will be uploaded on the portal. Therefore following evidences may not be called for: Copy of proof of deposit of tax i.e. challan etc/ copy of return evidenci .....

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th refund Application. Bill of Lading Needed to be filed online with refund application. BRC To be filed within one year of Export or in a Period as prescribed by RBI. To be submitted with application in case of advance payment. DOCUMENTS TO BE FILED FOR REFUND EXPORT OF SERVICES: Invoice Bank Realization Certificate (BRC). No refund without filing of BRC. Cut-off date for filing of refund to be linked to receipt of BRC No custom documents that can substantiate the occurrence of event of export .....

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the electronic application, a receipt/ acknowledgement number may be generated and communicated to the applicant via SMS and email for future reference. It is recommended that the preliminary scrutiny may be carried out within 30 common working days. PROCEDURE: Online refund: The amount of refund can be transferred to the applicant electronically through NEFT /RTGS/ECS. Refund order under - Goods & Services Tax Act.docx Reduction Adjustment Summary.docx. Process of review: Every refund that .....

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lication is found to be in order but does not satisfy the test of unjust enrichment, the refund amount, after sanction, would be credited to the Consumer Welfare Fund. Minimum Limit: It is recommended that an amount in the range of ₹ 500-1000/- may be fixed below which refund shall not be granted. PROCEDURE: Other important points: Return itself may be treated as a refund application in specified cases. On filing of the electronic application, a receipt/ acknowledgement number to be genera .....

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