TMI BlogApplication for refund of tax, interest, penalty, fees or any other amountX X X X Extracts X X X X X X X X Extracts X X X X ..... officer of the Zone; (b) supplier of services along with such evidence regarding receipt of services for authorised operations as endorsed by the specified officer of the Zone: 2 [ 22 [ Provided further that ] in respect of supplies regarded as deemed exports, the application may be filed by, - (a) the recipient of deemed export supplies; or (b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund] Provided also that refund of any amount, after adjusting the tax payable by the applicant out of the advance tax deposited by him under section 27 at the time of registration, shall be claimed 25 [ only after the last return required to be furnished by him has been so furnished ] . 14 [ Explanation. - For the purposes of this sub-rule, specified officer means a specified officer or an authorised officer as defined under rule 2 of the Special Economic Zone Rules, 2006. ] 13 [ (1A) Any person, claiming refund under section 77 of the Act of any tax paid by him, in respect of a transaction considered by h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e endorsement specified in the second proviso to sub-rule (1) in the case of the supply of goods made to a Special Economic Zone unit or a Special Economic Zone developer; (e) a statement containing the number and date of invoices, the evidence regarding the endorsement specified in the second proviso to sub-rule (1) and the details of payment, along with the proof thereof, made by the recipient to the supplier for authorised operations as defined under the Special Economic Zone Act, 2005, in a case where the refund is on account of supply of services made to a Special Economic Zone unit or a Special Economic Zone developer; 10 [ (f) a declaration to the effect that tax has not been collected from the Special Economic Zone unit or the Special Economic Zone developer, in a case where the refund is on account of supply of goods or services or both made to a Special Economic Zone unit or a Special Economic Zone developer; ] (g) a statement containing the number and date of invoices along with such other evidence as may be notified in this behalf, in a case where the refund is on account of deemed exports; (h) a statement containing the number and the date of the invoice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be furnished in respect of the cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54; (m) a Certificate in Annexure 2 of FORM GST RFD-01 issued by a chartered accountant or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed exceeds two lakh rupees: Provided that a certificate is not required to be furnished in respect of cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of subsection (8) of section 54; 24 [ Provided further that a certificate is not required to be furnished in cases where refund is claimed by an unregistered person who has borne the incidence of tax. ] Explanation. For the purposes of this rule- (i) in case of refunds referred to in clause (c) of sub-section (8) of section 54, the expression invoice means invoice conforming to the provisions contained in section 31; (ii) where the amount of tax has been recovered from the recipient, it shall be deemed that the incidence of tax has been pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se (D) above and non-zero-rated supply of services, excluding- (i) the value of exempt supplies other than zero-rated supplies; and (ii) the turnover of supplies in respect of which refund is claimed under sub-rule (4A) or sub-rule (4B) or both, if any, during the relevant period. ] (F) Relevant period means the period for which the claim has been filed. 17 [ Explanation . For the purposes of this sub-rule, the value of goods exported out of India shall be taken as (i) the Free on Board (FOB) value declared in the Shipping Bill or Bill of Export form, as the case may be, as per the Shipping Bill and Bill of Export (Forms) Regulations, 2017; or (ii) the value declared in tax invoice or bill of supply, whichever is less. ] 4 [(4A) In the case of supplies received on which the supplier has availed the benefit of the Government of India, Ministry of Finance, notification No. 48/2017-Central Tax dated the 18th October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1305 (E) dated the 18th October, 2017 , refund of input tax credit, availed in respect of other inputs or input ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Substituted vide Not. 17/2017 - Dated 27-7-2017, w.e.f. 1st July, 2017 , before it was read as, sub-section 2. Substituted vide not. no. 47/2017 - Dated 18-10-2017, before it was read as, Provided also that in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export supplies: 3. Substituted vide Notification No. 75/2017 Dated 29-12-2017, w.e.f. 23rd October, 2017 , before it was read as (4) In the case of zero-rated supply of goods or services or both without payment of tax under bond or letter of undertaking in accordance with the provisions of sub-section (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), refund of input tax credit shall be granted as per the following formula Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax credit shall be granted as per the following formula - Maximum Refund Amount = {(Turnover of inverted rated supply of goods) x Net ITC Adjusted Total Turnover} - tax payable on such inverted rated supply of goods Explanation.- For the purposes of this sub rule, the expressions Net ITC and Adjusted Total turnover shall have the same meanings as assigned to them in sub-rule (4). 6. Substituted vide Notification No. 26/2018 Central Tax dated 13-06-2018 w.e.f. 1.7.2017 before it was read as 5 [(5). In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula:- Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC Adjusted Total Turnover} - tax payable on such inverted rated supply of goods and services. Explanation:- For the purposes of this sub-rule, the expressions (a) Net ITC shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rules (4A) or (4B) or both; and (b) Adjusted Total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Special Economic Zone unit or the Special Economic Zone developer has not availed the input tax credit of the tax paid by the supplier of goods or services or both, in a case where the refund is on account of supply of goods or services made to a Special Economic Zone unit or a Special Economic Zone developer; 11. Substituted vide Notification No. 16/2020 Central Tax dated 23-03-2020 before it was read as (C) Turnover of zero-rated supply of goods means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking, other than the turnover of supplies in respect of which refund is claimed under sub-rules (4A) or (4B) or both; 12. Inserted vide NOTIFICATION NO. 35/2021 Central Tax dated 24-09-2021 w.e.f. 01-01-2022 13. Inserted vide NOTIFICATION NO. 35/2021 Central Tax dated 24-09-2021 14. Inserted vide NOTIFICATION NO. 14/2022 Central Tax dated 05-07-2022 15. Inserted vide NOTIFICATION NO. 14/2022 Central Tax dated 05-07-2022 16. Inserted vide NOTIFICATION NO. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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