TMI BlogRefund of taxX X X X Extracts X X X X X X X X Extracts X X X X ..... d. (2) A specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries or any other person or class of persons as notified under section 49, entitled to a refund of IGST/CGST/SGST paid by it/him on inward supplies of goods and/or services, may make an application for such refund to the proper officer, in the form and manner prescribed, before the expiry of sixth months from the last day of the month in which such supply was received. (3) Subject to the provisions of sub-section (10), a taxable person may claim refund of any unutilized input tax credit at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the incidence of such tax and interest had not been passed on to any other person. (5) If, on receipt of any such application, the proper officer is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund. (6) Notwithstanding anything contained in sub-section (5), the proper officer may, in the case of any claim for refund on account of export of goods and/or services made by registered taxable persons, other than such category of registered taxable persons as may be notified in this behalf, refund on a provisional basis, ninety percent. of the total amount so claimed, excluding the amount of input tax credit provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, specify. (9) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal or any Court or in any other provision of this Act or the rules made thereunder or in any other law for the time being in force, no refund shall be made except as provided in sub-section (8). (10) Notwithstanding anything contained in sub-section (3), where any refund is due under the said sub-section to a registered taxable person 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- (a) withhold payment of refund due until the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by a casual taxable person or a non-resident taxable person under sub-section (2) of section 24 shall not be refunded unless such person has, in respect of the entire period for which the certificate of registration granted to him had remained in force, furnished all the returns required under section 34. (14) Notwithstanding anything contained in this section, no refund under subsection (5) or sub-section (6) shall be paid to an applicant if the amount is less than one thousand rupees. Explanation . For the purposes of this section - 1. refund includes refund of tax on goods and/or services exported out of India or on inputs or input services used in the goods and/or services which are exported out of India, or refund of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, the date of communication of such judgment, decree, order or direction; (e) in the case of refund of unutilized input tax credit under sub-section (3) , the end of the financial year in which such claim for refund arises; (f) in the case where tax is paid provisionally under this Act or the rules made thereunder, the date of adjustment of tax after the final assessment thereof; (g) in the case of a person, other than the supplier, the date of receipt of goods or services by such person; and (h) in any other case, the date of payment of tax. - - statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxation Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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