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REFUND UNER MODEL GST LAW

Goods and Services Tax - GST - By: - Mr. M. GOVINDARAJAN - Dated:- 17-10-2016 Last Replied Date:- 30-12-1899 - Refund The term refund is defined under Explanation (A) to Section 38 as including refund of tax on goods and/or services exported out of India, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilized input tax credit. Type of refunds The refund that may be got from the Board is the refund of any tax and interest and refund of unutilized input tax cre .....

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t for claiming any refund is before the expiry of two years from the relevant date. The limitation of two years shall not apply where such tax or interest or any other amount has been paid under protest. Relevant date Explanation (B) to Section defines the term relevant date as- in the case of goods exported out of India where a refund of tax paid is available in respect of the goods themselves or, as the case may be, the inputs or input services used in such goods- if the goods are exported by .....

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in the case of goods returned for being remade, refined, reconditioned or subjected to any other similar process in any place of business, the date of entry into the place of business for the purposes aforesaid; in the case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of- receipt of payment in convertible foreign exchange, where the supply of service .....

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sum claim for refund arises; and in the case where tax paid is provisionally under this Act or the rules made there under, the date of adjustment of tax after the final assessment thereof. Refund procedure The following is the procedure for refund under GST regime- The application for claiming refund shall be made- in Form No. GST RFD-1 by any registered taxable person claiming refund of any tax, interest, penalty, fees or any other amount paid by him, electronically through the common portal e .....

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orts, by the unit or the developer or the recipient of deemed export supplies; The application shall be accompanied by any one of the following documentary evidences, as applicable, to establish that a refund is due to the applicant- the reference number of the order and a copy of the order passed by the proper officer or an appellate authority or any competent court resulting in such refund including refund of pre-deposit along with the reference number of the payment of the amount claimed as r .....

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and date of invoices and the relevant Bank Reconciliation Certificates or Foreign Inward Remittance Certificates in a case where refund is on account of export of services; a statement containing the number and date of invoices and the details of payment, along with the proof thereof, made by the claimant to the supplier for authorized operations in a case where the refund is on account of supply of services made to an SEZ unit or a developer; a statement in Annexure I of Form GST RFD-1 contain .....

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ed as refund has not been passed on to any other person, in a case where the amount of refund claim is less than ₹ 5 lakhs; a certificate in Annexure 2 of Form No. GST RFD-1 issued by a Chartered Accountant or a Cost Accountant to the effect that the incidence of tax and interest claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed is ₹ 5 lakhs or more; If the refund claim relates to input tax credit, the electronic credit ledger .....

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shall be claimed either in the last return required to be filed by him or only after filing of the said last return; Where the application relates to a claim for refund from the electronic cash ledger, an acknowledgement in Form GST RFD-2 shall be made available to the applicant through the common portal electronically, clearly indicating the date of filing of the claiming of the refund; The application for refund, other than claim for refund from electronic cash ledger, shall be forwarded to th .....

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ough the common portal electronically requiring him to file a refund application after rectification of such deficiencies; If the proper officer is satisfied that the whole or part of the amount claimed is refundable, he may make an order in Form No. GST RFD - 5, sanctioning the amount of refund to which the applicant is entitled, mentioning the amount, if any, refunded to him on a provisional basis, amount adjusted against any outstanding demand and balance amount refundable; Such order shall b .....

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proper officer shall make an order in Form No. GST RFD - 5 sanctioning the amount o refund in whole or in part or rejecting the said refund claim; The said order shall be made available to the applicant electronically; No application for refund shall be rejected without giving the applicant a reasonable opportunity of being heard; Provisional refund shall be granted to the applicant subject to the following conditions- The person claiming refund has, during any period of 5 years immediately pre .....

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e claim and on being prima facie satisfied that the amount claim as refund, shall make an order in Form GST RFD - 4 sanctioning the amount of refund due to the said applicant on provisional basis within a period not exceeding 7 days from the date of acknowledgment; The proper officer shall issue a payment advice in Form No. GST RFD - 8 for the amount sanctioned to be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in .....

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interest borne by such other class of applicants as the Central or a State Government may, on the recommendations of the Council, by notification, specify; Where any refund is due to the applicant who has 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, the proper officer may- Withhold payment of refund due until the said person has submitted the return or paid .....

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