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Refund of tax, interest, penalty, fees or any other amount

Rule 1 - Draft-Bills-Reports - Draft GST Refund Rules - DRAFT - GOODS AND SERVICES TAX - REFUND RULES, 20- [September 2016] - Rule 1 - DRAFT GOODS AND SERVICES TAX - REFUND RULES, 20- Note: Corresponding changes in the Model GST Law are being carried out separately. Comments , if any may kindly be given by 28th September, 2016. Chapter-__: REFUND 1. (1) Any registered taxable person, except the persons covered by notification issued under clause (d) of sub-section (6) of section 38, claiming ref .....

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e of export of goods, application for refund shall be filed only after the export manifest or an export report, as the case may be, in respect of such goods is delivered under section 41 of the Customs Act 1962: Provided also that in respect of supplies made to an SEZ unit or a developer, or supplies regarded as deemed exports, the application shall be filed by the said unit or the developer or the recipient of deemed export supplies. (2) The application under sub-rule (1) shall be accompanied b .....

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e number and date of relevant export invoices, in a case where the refund is on account of export of goods; (c) a statement containing the number and date of invoices as prescribed in rule Invoice._ in case of supply of goods made to an SEZ unit or a developer; (d) a statement containing the number and date of invoices, in a case where the refund is on account of deemed exports; (e) a statement containing the number and date of invoices and the relevant Bank Realization Certificates or Foreign I .....

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e of invoices received and issued during a tax period in a case where the claim pertains to refund of any unutilized input tax credit under sub-section (2) of section 38 where the credit has accumulated on account of rate of input tax being higher than the rate of output tax; (h) the reference number of the final assessment order and a copy of the said order in a case where the refund arises on account of finalisation of provisional assessment; (i) a declaration to the effect that the incidence .....

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on to any other person, in a case where the amount of refund claimed is five lakh rupees or more: Provided that a certificate is not required to be furnished in respect of cases covered under clause (a), (b) or (d) of sub-section (6) of section 38; Explanation 1.- For the purpose of this rule, invoice means invoice conforming to the provisions contained in section 23A in case of refunds referred to in clause (c) of sub-section (6) of section 38. Explanation 2.- Where the amount of tax has been .....

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e following formula: Refund Amount = (Export turnover of goods + Export turnover of services ) x Net ITC / Adjusted Total Turnover Where,- (A) "Refund amount" means the maximum refund that is admissible; (B) "Net ITC" means input tax credit availed on inputs and input services during the relevant period; (C) "Export turnover of goods" means the value of goods exported during the relevant period without payment of tax under bond or letter of undertaking; (D) "Ex .....

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ted during the relevant period; (E) "Adjusted Total turnover" means the value of turnover in a State, as defined under subsection (104) of section 2, excluding the value of exempt supplies, during the relevant period; (F) Relevant period means the period for which the claim has been filed. Provided that no refund of input tax credit shall be allowed if the supplier of goods and / or services avails of drawback allowed under the applicable Drawback Rules or claims rebate of tax paid und .....

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