{"id":2775,"date":"2016-10-14T14:32:03","date_gmt":"2016-10-14T09:02:03","guid":{"rendered":"http:\/\/carajput.com\/blog\/?p=2775"},"modified":"2021-08-13T14:57:31","modified_gmt":"2021-08-13T09:27:31","slug":"corporate-and-professional-update-oct-14-2016%ef%bb%bf","status":"publish","type":"post","link":"https:\/\/carajput.com\/blog\/corporate-and-professional-update-oct-14-2016%ef%bb%bf\/","title":{"rendered":"KEY UNDERSTANDING ON GST REFUND"},"content":{"rendered":"<p style=\"text-align: justify;\"><img decoding=\"async\" src=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/07\/1-2-768x433.jpg\" alt=\"1 (2)\" \/><\/p>\n<p><span style=\"color: #000080;\"><strong>BRIEF INTRODUCTION<\/strong><\/span><\/p>\n<p><span style=\"color: #ff9900;\"><strong>Latest Updates on GST Refund<\/strong><\/span><\/p>\n<p><span style=\"color: #ffcc00;\"><strong>Update as on 1st May 2021<\/strong><\/span><\/p>\n<p>Where the\u00a0limit\u00a0to pass orders for rejecting any refund claim fully or partly falls between 15th April 2021 and 30th May 2021,\u00a0it&#8217;s\u00a0extended. The extended\u00a0cut-off date\u00a0shall be later of two dates:<\/p>\n<ol>\n<li>15 days after reply\u00a0to note<\/li>\n<li>31st May 2021<\/li>\n<\/ol>\n<p><span style=\"color: #ffcc00;\"><strong>Update as on 27th June 2020<\/strong><\/span><\/p>\n<p>A full or\u00a0a part of\u00a0the number\u00a0applied for refund may\u00a0are\u00a0rejected via a notice issued by the authority. Once the following proceedings are done, a final order be passed and issued within 60 days from the date of receipt of application for refund.<\/p>\n<p>In case\u00a0this point\u00a0limit is expiring between 20th March to 30th August 2020, the last date to issue order shall be extended to the later of following dates:<\/p>\n<ol>\n<li>15 days from the date of receipt of reply in respect of the notice, from the applicant or<\/li>\n<li>31st August 2020<\/li>\n<\/ol>\n<p><span style=\"color: #ffcc00;\"><strong>Update as on 3rd April 2020<\/strong><\/span><\/p>\n<p>The\u00a0closing date\u00a0for completion or compliance has been extended to 30th June 2020, where the time limit\/time limit\/ date of expiry falls between\u00a0the amount\u00a0from 20th March 2020 to 29th June 2020. It includes cases where the\u00a0closing date\u00a0to use\u00a0for GST refund in RFD-01 expires between 20th March 2020 and 29th June 2020.<\/p>\n<p><span style=\"color: #ffcc00;\"><strong>Update as in Sept 2019<\/strong><\/span><\/p>\n<ol>\n<li>Form RFD-01 was implemented with effect from 26th September 2019.<\/li>\n<li>The refund process under <a href=\"https:\/\/carajput.com\/blog\/gst\/\">GST<\/a> remains\u00a0the identical\u00a0for both normal\u00a0further\u00a0as exceptional scenarios.<\/li>\n<li>There\u00a0is not any\u00a0ambiguity that\u00a0for each\u00a0taxpayer provision\u00a0associated with\u00a0refunds are always most favourite under any Act and GST Act is no different. In fact, every organization designs their business process in such\u00a0a fashion\u00a0so\u00a0on\u00a0make optimum utilization of the refund provisions<\/li>\n<li>With the assistance of this text, we shall provide the readers the reckoner and also the details that ought to be kept in mind while filing refund applications after incorporating all the prescribed Sections, Rules as well as Circulars upto 31 March 2020.<\/li>\n<li>For the sake of easy understanding, we shall be discussing the refund provisions\u00a0within the\u00a0following manner:<\/li>\n<\/ol>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>All the requisite points to be considered at the time of filing of refund applications<\/li>\n<li>Procedure of filing refund application<\/li>\n<li>kinds of refund<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>IMPORTANT POINTS<\/strong><\/span><\/p>\n<ol>\n<li>Refund can only be filed electronically. Manual Application\u00a0may beallowed to be filed by the authorities only in exceptional circumstances<\/li>\n<li>The refund\u00a0could also befiled for a tax period or by clubbing successive tax period,\u00a0which can\u00a0spread across different financial years also<\/li>\n<li>again and againthe <a href=\"https:\/\/carajput.com\/blog\/tag\/conditions-for-claiming-the-itc\/\">ITC<\/a> on inward supplies is spread in multiple months whereas the Zero Rated supplies or inverted duty supplies are\u00a0worn out\u00a0few months, in these cases\u00a0the amount\u00a0of refund should be selected\u00a0the most\u00a0to confirm\u00a0higher amount of refunds<\/li>\n<li>Refund\u00a0may beobtained for tax and interest, if any, before the expiry of two years from the relevant date.<\/li>\n<li>Refund shall not be paid to the applicant if\u00a0the numberis a smaller amount\u00a0than Rs. 1,000. This amount shall be applied\u00a0for every\u00a0tax head separately and not cumulatively<\/li>\n<li>The refund allowed\u00a0could also beadjusted with any tax or other outstanding from the applicant<\/li>\n<li>If the date of credit of refund\u00a0within thechecking account\u00a0of the applicant exceeds 60 days from the date of generation of ARN, then the applicant shall be eligible for interest @6% for\u00a0the amount\u00a0of days beyond such 60 days till\u00a0the particular\u00a0date of credit of refund\u00a0within the\u00a0bank<\/li>\n<li>within the cases where refund of Input decrease is involved, i.e. type (a), (c) and (e) given below<\/li>\n<\/ol>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Refunds\u00a0will befiled chronologically, i.e. where the refund is submitted for any tax period, any subsequent refund application in respect of the previous period shall be disallowed.<\/li>\n<li>Refund amount shall relate to the amount of ITC allowed, as appearing in Form GSTR-2A of the applicant.<\/li>\n<li>Transitional Credit\u00a0can&#8217;t betreated as\u00a0a part of\u00a0Net ITC and hence no refund allowed<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ol start=\"9\">\n<li>within therefund of tax falling under type (i) to (l) given below, the refund shall be allowed to the applicant\u00a0within the\u00a0same proportion\u00a0within which\u00a0original payment was made, i.e. where the tax to be refunded has been paid by Credit\u00a0yet\u00a0as Cash ledger, the refund to be paid in credit ledger and cash (i.e. Bank Account) shall be\u00a0within the\u00a0same proportion\u00a0during which\u00a0they were debited during the relevant period<\/li>\n<li>the wholerefund is processed for all heads of tax, i.e. IGST, CGST, SGST and cess by\u00a0the identical\u00a0jurisdictional officer to whom the refund application is forwarded by the portal<\/li>\n<li>within thecase of refund on account of export\u00a0of products\u00a0with payment of tax, the shipping bill filed by an exporter is deemed to be an application for refund\u00a0together with\u00a0details filled in GSTR-1 and GSTR-3B, hence\u00a0the identical\u00a0isn&#8217;t\u00a0discussed below<\/li>\n<\/ol>\n<p><span style=\"color: #000080;\"><strong>FORM RFD-01<\/strong><\/span><\/p>\n<ul>\n<li>There\u00a0is\u00a0lots\u00a0of mistakes when filling in GST challan\u00a0for creating\u00a0GST payment.\u00a0you will\u00a0also\u00a0find yourself\u00a0paying excess GST\u00a0thanks to\u00a0this. This excess amount is shown as a balance\u00a0within the\u00a0Electronic Cash Ledger.<\/li>\n<li>The balance in Electronic Cash Ledger\u00a0are often\u00a0claimed as a refund by submitting a refund\u00a0form\u00a0RFD-01.\u00a0this could\u00a0be done online on the GST Portal\/GSTN\u00a0the surplus\u00a0GST paid\u00a0is\u00a0claimed as a refund within two years from the date of payment.\u00a0this implies\u00a0that if excess GST is paid\u00a0within the\u00a0month of November 2017, GST refund application\u00a0may be\u00a0submitted until November 2019.<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>DOCUMENTS TO BE SUBMITTED FOR GST REFUND<\/strong><\/span><\/p>\n<p>The GST RFD 01 shall be\u00a0in the course of\u00a0the subsequent\u00a0documentary evidences, as applicable, in Annexure 1:-<\/p>\n<ul>\n<li>The reference number of the order and a duplicate of the order gone the right officer or an appellate authority or appellate tribunal or court leading to such refund or reference number of the payment of the quantity claimed as refund, or<\/li>\n<li>A statement containing the amount and date of shipping bill or bills of export and also the number and therefore the date of relevant export invoices, in a very case where the refund is on account of export of products, or<\/li>\n<li>A statement containing the quantity and date of invoices and also the relevant bank realisation certificates or foreign inward remittance certificates, because such a case is also seen, where the refund relates to export of services, or<\/li>\n<li>A statement containing the quantity and date of invoices together with the evidence regarding the endorsement within the case of supply of products made to a SEZ unit or a SEZ developer.<\/li>\n<li>A statement containing the quantity and date of invoices, the evidence regarding the endorsement specified and also the details of payment, together with the proofs thereof, during a case where the refund relates to the supply of services made to a SEZ unit or developer.<\/li>\n<li>A declaration to the effect that the SEZ unit or the SEZ developer has not availed the input reduction of the tax paid by the supplier of products or services or both, in a very case where the refund is on account of supply of products or services made to a SEZ or a SEZ developer.<\/li>\n<li>A statement containing the amount and date of invoices together with such other evidence as is also notified during this behalf, during a case where the refund is on account of deemed exports, or<\/li>\n<li>A statement containing the quantity and also the date of the invoices received and issued during a tax period in an exceedingly case where the claim pertains to refund of any unutilised input reduction where the credit has accumulated on account of the speed of tax on the inputs being on top of the speed of tax on output supplies, apart from nil rated or fully exempt supplies, or<\/li>\n<li>The reference number of the ultimate assessment order and a replica of the said order during a case where the refund arises on account of finalisation of provisional assessment, or<\/li>\n<li>A statement showing the main points of transaction considered as intra-state supply but which is subsequently considered as inter-state supply, or<\/li>\n<li>A statement showing the main points of the number of claim on account of excess payment of tax<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>CERTIFICATE FROM CHARTERED ACCOUNTANT<\/strong><\/span><\/p>\n<ul>\n<li>In case the GST Refund claimed exceeds Rs. 2 Lakhs \u2013 A certificate in Annexure 2 of Form GST RFD 01 issued by a\u00a0comptroller\u00a0or\u00a0a price\u00a0accountant to the effect that the incidence of tax, interest or\u00a0the other\u00a0amount claimed as refund has not been passed on to\u00a0the other\u00a0person,\u00a0in a very\u00a0case where\u00a0the quantity\u00a0of refund exceeds Rs. 2 Lakhs shall\u00a0even be\u00a0submitted. For\u00a0the aim\u00a0of this rule, where\u00a0the quantity\u00a0of tax has been recovered from the recipient, it shall be deemed that the incidence of tax has been passed on to\u00a0the last word\u00a0consumer.<\/li>\n<li>In case the GST Refund claimed\u00a0doesn&#8217;t\u00a0exceed Rs. 2 Lakhs \u2013 a declaration to the effect that the incidence of tax, interest or\u00a0the other\u00a0amount claimed as refund has not been passed on to\u00a0the other\u00a0person shall\u00a0even be\u00a0furnished.<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>GST REFUND PROCESS<\/strong><\/span><\/p>\n<figure id=\"attachment_13098\" aria-describedby=\"caption-attachment-13098\" style=\"width: 1280px\" class=\"wp-caption alignnone\"><a href=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-13098\" src=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.jpg\" alt=\"GST REFUND\" width=\"1280\" height=\"720\" srcset=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.jpg 1280w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND-300x169.jpg 300w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND-1024x576.jpg 1024w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND-768x432.jpg 768w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND-800x450.jpg 800w\" sizes=\"(max-width: 1280px) 100vw, 1280px\" \/><\/a><figcaption id=\"caption-attachment-13098\" class=\"wp-caption-text\">GST REFUND<\/figcaption><\/figure>\n<p>A person claiming refund of tax or interest or\u00a0the other\u00a0amount paid must file an application for refund in Form GST RFD-1 before the expiry\u00a0of two\u00a0years from the &#8216;relevant date\u2019. The relevant date in respect of different supplies is as follows &#8211;<\/p>\n<ul>\n<li>Goods exported by sea or air \u2013 Date on which the ship or aircraft\u00a0during whichthe products\u00a0are loaded, leaves India<\/li>\n<li>Goods exported by land \u2013 Date on which\u00a0the productspass the frontier<\/li>\n<li>Goods exported by post \u2013 Date of dispatch\u00a0of productsby the concerned post office<\/li>\n<li>Services exported, where\u00a0the availabilityof service has been completed\u00a0before\u00a0the receipt of payment \u2013 Date of receipt of payment<\/li>\n<li>Services exported, where the payment has been received\u00a0prior to,\u00a0beforethe date of issue of invoice \u2013 Date of issue of invoice<\/li>\n<li>Unutilized input\u00a0diminution\u2013 End of the\u00a0twelvemonth\u00a0within which\u00a0the claim for tax refund arises<\/li>\n<\/ul>\n<p><strong><span style=\"color: #000080;\">DOCUMENTS REQUIRED FOR THE REFUND<\/span> <\/strong><\/p>\n<ol>\n<li>If the number claimed as tax refund is a smaller amount than INR 5 Lakhs &#8211; The person has to file a declaration, supported the documents or other evidence available with him, certifying that the incidence of tax or interest being claimed as refund has not been passed on to a different<\/li>\n<li>If the quantity claimed as a refund is less than INR 5 Lakhs \u2013 the application shall be supported with the following documents &#8211;<\/li>\n<\/ol>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Documentary evidence\u00a0to determinethat the refund is\u00a0because of\u00a0the person.<\/li>\n<li>Documentary or other evidence\u00a0to ascertainthat\u00a0the number\u00a0was paid by him\/her\u00a0which\u00a0the incidence of the tax or interest has not been passed on\u00a0to a different<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>ONLINE\u00a0FORM\u00a0GST RFD-01<\/strong><\/span><\/p>\n<p>The application for refund shall be supported by various documents depending upon the category of refund.\u00a0the net\u00a0portal provides facility to upload 10 files of 5MB each.\u00a0the application\u00a0is transferred to the jurisdiction officer for\u00a0the aim\u00a0of further processing<\/p>\n<p><a href=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND..png\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-13100\" src=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND..png\" alt=\"\" width=\"1107\" height=\"705\" srcset=\"https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND..png 1107w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.-300x191.png 300w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.-1024x652.png 1024w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.-768x489.png 768w, https:\/\/carajput.com\/blog\/wp-content\/uploads\/2016\/10\/GST-REFUND.-800x509.png 800w\" sizes=\"(max-width: 1107px) 100vw, 1107px\" \/><\/a><\/p>\n<p><span style=\"color: #000080;\"><strong>DEFICIENCY MEMO FORM GST RFD-03<\/strong><\/span><\/p>\n<p>If any deficiency is noticed\u00a0within the\u00a0application submitted by the taxpayer, the jurisdictional officer shall issue deficiency memo in Form RFD-03 within 15 days of submission of application, requiring the taxpayer to provide for a fresh refund application after undertaking the required rectification. Any amount of Input\u00a0diminution\u00a0\/ Cash debited from Ledgers shall be re-credited automatically\u00a0within the\u00a0ledgers of the taxpayer. Important point to be noted is that\u00a0the applying\u00a0filed after Deficiency memo is treated as a fresh application\u00a0and also the\u00a0limitation period\u00a0of two\u00a0years shall also apply to the new application.<\/p>\n<p><span style=\"color: #000080;\"><strong>ACKNOWLEDGEMENT FORM GST RFD-02<\/strong><\/span><\/p>\n<p>If the refund application is complete\u00a0all told\u00a0aspects, acknowledgement in Form RFD-02 shall be issued within 15 days of submission of application. Once an acknowledgement has been issued no deficiency memo on whatsoever grounds\u00a0is\u00a0issued by the officer.<\/p>\n<p><span style=\"color: #000080;\"><strong>PROVISIONAL \/ REFUND GST ORDER<\/strong><\/span><\/p>\n<ul>\n<li>The officer upon being satisfied that\u00a0clearthe refund is due towards the applicant may sanction 90% of the refund amount on a provisional basis within seven days of the refund application in Form RFD-04\u00a0within the\u00a0case of any claim for refund on account of zero-rated supplies<\/li>\n<li>However, the officer may upon being fully satisfied about the eligibility of the refund and is of opinion that no further scrutiny is required, directly issue refund\u00a0formRFD-06, that is most commonly seen in almost all the cases.<\/li>\n<li>Along with issue of the above forms, payment\u00a0formRFD-05 shall be issued for\u00a0the number\u00a0sanctioned\u00a0and therefore the\u00a0same shall be electronically credited to the applicants\u00a0checking account.<\/li>\n<\/ul>\n<p><strong>Read our articles:<\/strong><\/p>\n<ul>\n<li><a href=\"https:\/\/carajput.com\/blog\/e-invoice-mechanism-under-the-gst\/\"><strong>E-Invoice Mechanism under the GST<\/strong><\/a><\/li>\n<li><strong><a href=\"https:\/\/carajput.com\/blog\/blocking-the-e-way-bill-creation-system-if-fails-to-file-gstr-3b-gstn\/\">Blocking\/Unblocking the E-Way Bill creation system if fails to file GSTR-3B: GSTN<\/a><\/strong><\/li>\n<li><strong><a href=\"https:\/\/carajput.com\/blog\/reasons-for-the-movement-of-goods-under-the-gst\/\">Reasons for the Movement of Goods under the GST<\/a><\/strong><\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>OTHER FORMS<\/strong><\/span><\/p>\n<ul>\n<li>Form RFD-07 is prescribed in Rules for adjustment of refund with any outstanding demand from the applicant, but\u00a0this is oftenalso now incorporated in Form RFD-06<\/li>\n<li>If officer is of the view that certain refund amount is non-admissible, then notice is Form RFD-08 shall be issued asking reasons why the refund\u00a0mustn&#8217;tbe rejected, and the applicant shall submit a reply against such notice in Form RFD-09.<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>TYPES OF GST REFUND<\/strong><\/span><\/p>\n<ol>\n<li>Refund of unutilized input\u00a0decrease(ITC) on account of exports without payment of tax<\/li>\n<\/ol>\n<p style=\"padding-left: 40px;\"><span style=\"color: #000080;\"><strong>A. The amount of refund shall be the smallest amount of:<\/strong><\/span><\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Zero Rated Turnover\/Adjusted Total Turnover * Net of ITC<\/li>\n<li>Balance standing in the Electronic Credit Ledger at the time of refund filing.<\/li>\n<li>Balance in Electronic Credit Ledger at the topof period that refund is filed<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p style=\"padding-left: 40px;\"><span style=\"color: #000080;\"><strong>B. The relevant date within thecase of products shall be:<\/strong><\/span><\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Where it is exported by sea or air, the date on which the ship or aircraft leaves India<\/li>\n<li>Where it is exported by land, the date on which such goods passes frontier<\/li>\n<li>Where it is exported through Post, the date on which the despatch of productsby Post Office<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p style=\"padding-left: 40px;\"><span style=\"color: #000080;\"><strong>C. The relevant date within thecase of services shall be the date of:<\/strong><\/span><\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Receipt of convertible exchange or Indian rupees wherever permitted by the RBI, where services are completed before receipt of payment<\/li>\n<li>Issue of invoice, where payment had been received before issue of invoice<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p style=\"padding-left: 40px;\">D. In case of export of products, the shipping bill details as uploaded within there fund application in statement 3 shall be checked by the officer with ICEGATE. within the case of services BRC\/ FIRC details shall be uploaded as an indication of receipt of payment<\/p>\n<p style=\"padding-left: 40px;\">E. ITC paid on Capital Goods shall not be included in Net ITC for the aimof computing refund<\/p>\n<p style=\"padding-left: 40px;\">F. Receipt of convertible exchange, or Indian rupees wherever permitted by RBI could be a precondition just in case \u2026..of refund against export of services only and not within the case of products<\/p>\n<p style=\"padding-left: 40px;\">G. The refund can not be denied whether or not LUT has not been furnished by the applicant on a timely basis and such delay are often condoned by the officer. Also if the applicant fails to export the products within a period of three months from the date of invoice, the jurisdictional commissioner may consider granting extension of your time limit for export<\/p>\n<p style=\"padding-left: 40px;\">H. If there&#8217;s difference within the value of invoice and shipping bill, then lower of the 2 should be considered for the aim of refund<\/p>\n<p style=\"padding-left: 40px;\">I. A taxpayer who has received goods at GST 0.05% and 0.10% under Notification 40\/2017 and 41\/2017 \u2013 Central rateand Integrated charge per unit respectively can export the products only against LUT then file refund under this category<\/p>\n<p><span style=\"color: #000080;\"><strong>2. Refund of tax paid in respect of export of services<\/strong><\/span><\/p>\n<ol>\n<li>Unlike the case of export\u00a0of productswith tax (refer last paragraph of points to be considered for goods), refund\u00a0within the\u00a0case of export of services with payment of tax\u00a0has to\u00a0be filed separately<\/li>\n<li>The details of the invoices and corresponding BRC\/ FIRC shall be uploaded in statement 2<\/li>\n<li>The relevant date remains the identicalas mentioned in above point<\/li>\n<\/ol>\n<p>3. Refund in respect of unutilized ITC in relation to supplies made to SEZ Unit\/SEZ Developer without payment of tax<\/p>\n<p style=\"padding-left: 40px;\"><span style=\"color: #000080;\"><strong>A. The amount of refund shall be the smallest amount of:<\/strong><\/span><\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Zero Rated Turnover\/Adjusted Total Turnover * Net of ITC<\/li>\n<li>Balance standing in the Electronic Credit Ledger at the time of refund filing.<\/li>\n<li>Balance standing in the Electronic Credit Ledger at\u00a0the topof period\u00a0that\u00a0refund is filed<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p style=\"padding-left: 40px;\">B. The refund shall be filed once the availabilityis admitted fully in SEZ for authorised operations as endorsed by the desired officer of the zone<\/p>\n<p style=\"padding-left: 40px;\">C. The details of supply to SEZ shall be uploaded in statement 5<\/p>\n<p>4. Refund of tax paid in respect of supplies made to SEZ Unit\/SEZ Developer with payment of tax<\/p>\n<p style=\"padding-left: 40px;\">A. The refund shall be filed once the provisionis admitted fully in SEZ for authorised operations as endorsed by the required officer of the zone<\/p>\n<p style=\"padding-left: 40px;\">B. The details of supply to SEZ shall be uploaded in statement 4<\/p>\n<p><span style=\"color: #000080;\"><strong>5. Refund of unutilized ITC on account of accumulation thanks toinverted tax structure<\/strong><\/span><\/p>\n<p style=\"padding-left: 40px;\">A. The amount of refund shall be the smallest amountof:<\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>tax payable on such inverted rated supply<\/li>\n<li>Balance standing in the Electronic Credit Ledger at the time of refund filing<\/li>\n<li>Balance standing in the Electronic Credit Ledger at\u00a0the topof period\u00a0that\u00a0refund is filed<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p style=\"padding-left: 40px;\">B. The supplier supplying goods to exporter at GST 0.05% and 0.10% as detailed above shall even beeligible to file refund during this category<\/p>\n<p style=\"padding-left: 40px;\">C. ITC paid on Capital Goods and Input Services shall not be included in Net ITC for the aimof computing refund<\/p>\n<p style=\"padding-left: 40px;\">E. If rate of tax has been reduced from upper rate to lower rate on any goods, the identicalshall not be eligible for refund during this case<\/p>\n<p style=\"padding-left: 40px;\">F. The relevant date is that theday of the month of furnishing of the return under Section 39 for the amount during which such claim for refund arises<\/p>\n<p style=\"padding-left: 40px;\">G. The details of inward and outward supplies together withcorresponding tax values shall be uploaded in statement 1A<\/p>\n<p><span style=\"color: #000080;\"><strong>6. Refund to supplier of tax paid in respect of deemed export supplies<\/strong><\/span><\/p>\n<p style=\"padding-left: 40px;\">A. For the aimof filing refund, duly signed copy of invoice by the recipient EOU or acknowledgement by jurisdictional tax officer about receipt of said deemed export supplies by the authorisation holder shall be needed<\/p>\n<p style=\"padding-left: 40px;\">B. An undertaking that the recipient shall not claim ITC nor refund of tax charged in respect of such supplies<\/p>\n<p style=\"padding-left: 40px;\">C. The details of outward supplies shall be uploaded in statement 5B<\/p>\n<p style=\"padding-left: 40px;\">D. The relevant date is that thedate on which the return regarding such deemed exports is furnished.<\/p>\n<p><span style=\"color: #000080;\"><strong>7. Refund to recipient of tax paid in respect of the deemed export supplies<\/strong><\/span><\/p>\n<p style=\"padding-left: 40px;\">A. The amount of refund shall be the smallest amountof:<\/p>\n<ul>\n<li style=\"list-style-type: none;\">\n<ul>\n<li>Net Input ITC of Deemed Exports<\/li>\n<li>Balance standing in the Electronic Credit Ledger at the time of refund filing<\/li>\n<li>Balance standing in the Electronic Credit Ledger at\u00a0the topof period\u00a0that\u00a0refund is filed<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p style=\"padding-left: 40px;\">B. A declaration that supplier has not availed refund with relation tosaid supplies<\/p>\n<p style=\"padding-left: 40px;\">C. The details of inward supplies shall be uploaded in statement 5B<\/p>\n<p><span style=\"color: #000080;\"><strong>8. Refund of excess balance as available in the Electronic Cash Ledger<\/strong><\/span><\/p>\n<ol>\n<li>Balance lying in Electronic Cash ledger,\u00a0which mightair\u00a0account of excess challan payment or\u00a0thanks to\u00a0excess TDS deduction\u00a0is\u00a0claimed as refund under this category<\/li>\n<\/ol>\n<p><span style=\"color: #000080;\"><strong>9. Refund of excess payment of tax<\/strong><\/span><\/p>\n<p style=\"padding-left: 40px;\">Supporting documents to determine excessive payment of tax shall be uploaded with the refund application<\/p>\n<p><span style=\"color: #000080;\"><strong>10. Refund of tax paid on intra-State supply which is subsequently held to be inter-State supply and the other way around<\/strong><\/span><\/p>\n<p style=\"padding-left: 40px;\">The details of supplies wherein the Place of Supply has changed shall be uploaded within there fund application in statement 6 stating the initial Place of Supply considered together with tax paid and therefore the re-assessed Place of Supply with taxes<\/p>\n<p><strong><span style=\"color: #000080;\">11. Refund in respect of assessment\/provisional assessment\/appeal\/any other order<\/span><\/strong><\/p>\n<ul>\n<li>Reference number and replica of the assessment \/ appeal \/ any order together with proof of payment of pre-deposit that refund is being claimed shall be uploaded<\/li>\n<li>Refund based on of any other ground or reason<\/li>\n<li>Any other refund case which isn&#8217;t included in any of the cases may be claimed during this category mentioning the specification and amount of refund at the portal<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>ORDER FOR GST REFUND CLAIMS<\/strong><\/span><\/p>\n<p>If the refund is on account of the export\u00a0of products\u00a0and\/or services, the authorised officer will refund 90% of\u00a0the full\u00a0amount claimed as a refund on a provisional basis in Form GST RFD-4. Thereafter, after due verification of the documents furnished, the officer will issue an order for\u00a0the ultimate\u00a0settlement of the refund claim.<\/p>\n<p>Provisional refund\u00a0are\u00a0granted subject to\u00a0the subsequent\u00a0conditions:<\/p>\n<ul>\n<li>The person claiming a refund has not been prosecuted for\u00a0nonpaymentof an amount exceeding Rs. 250 Lakhs during the preceding 5 years.<\/li>\n<li>The person\u2019s GST compliance rating\u00a0isn&#8217;tbut\u00a05 on a scale of 10.<\/li>\n<li>No pending appeal, review or revision exists on the numberof refund.<\/li>\n<\/ul>\n<p>If the officer is satisfied that\u00a0the full\u00a0or\u00a0a part of\u00a0the quantity\u00a0claimed as a refund\u00a0within the\u00a0application is refundable, he will issue an order for the refund in Form GST RFD-5.\u00a0this can\u00a0be done within 60 days from the date of receipt of\u00a0the application. If the refund\u00a0isn&#8217;t\u00a0sanctioned within 60 days, interest on the refund amount\u00a0are going to be\u00a0got\u00a0the amount\u00a0after 60 days, till the date of actual refund of tax.<\/p>\n<p>Note: No refund shall be made if\u00a0the quantity\u00a0claimed as refund\u00a0is a smaller amount\u00a0than Rs. 1,000.<\/p>\n<p><span style=\"color: #000080;\"><strong>EXCEPTIONAL SCENARIOS OF GST REFUND CLAIMS<\/strong><\/span><\/p>\n<p>Some of the exceptional GST refund rules are as follows &#8211;<\/p>\n<ul>\n<li>Tax on supply\u00a0of productsthought to be\u00a0deemed exports. E.g.: Supply\u00a0of products\u00a0or services to an SEZ (<a href=\"https:\/\/carajput.com\/blog\/tag\/special-economic-zones-sezs\/\">Special Economic Zone)<\/a> or EOU (Export Oriented Unit).<\/li>\n<li>Tax refunded based on a judgement, decree, order or on the direction of an Appellate Authority, Appellate Tribunal or any court.<\/li>\n<li>Tax paid in respect of a supply, not been provided, either wholly or partially, and\u00a0thatan invoice has not been issued.<\/li>\n<li>Tax wrongly collected and deposited with the Central or\u00a0regime. If\u00a0someonehas paid CGST and SGST on an interstate supply or IGST on an intrastate supply, the person is eligible for a refund of\u00a0the quantity\u00a0once the tax has been remitted correctly.<\/li>\n<li>IGST paid on\u00a0the provisionof products\u00a0to tourists travelling out of India, if\u00a0the products\u00a0are taken out of India.<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>The relevant date under different scenarios is as follows &#8211;<\/strong><\/span><\/p>\n<ul>\n<li>Goods\u00a0thought to bedeemed exports \u2013 Date on which the return\u00a0referring to\u00a0the deemed exports is filed<\/li>\n<li>Tax refundable as a consequence of a judgement, decree, order or on the direction of an Appellate Authority, Appellate Tribunal or any court &#8211; Date of communication of the judgement, decree, order or direction<\/li>\n<li>Tax provisionally paid &#8211; Date of adjustment of tax after the ultimate assessment<\/li>\n<li>In the case of an individual, aside from the supplier -Date of receipt of products or services by the person<\/li>\n<li>Any other case \u2013 Date of payment of tax If you always think of blessings, you attract more blessings. If you always think of problems, you attract more problems.<\/li>\n<\/ul>\n<p style=\"text-align: justify;\">FOR FURTHER QUERIES CONTACT US: W:\u00a0<a href=\"https:\/\/l.facebook.com\/l.php?u=http%3A%2F%2Fwww.carajput.com%2F&amp;h=SAQGflxq6AQEemiXU5m1Sleu5gX786YxP36euwMDL4osVrw&amp;enc=AZNOhiS8emvOi54UCNVnOtgbK0wGSKeEDPbJpQZAlf7cr5YxodSOowKyOSqQSaPOGvHdnvM7BqIC59kJjZSk01ga1fRZiYW43kCBMakJLj2AABFBk9rS2CYBcAfrJuc94lg0aPhuGpayaxGpsPeGoOhC-uzXppp1p3gEF_2Ypq758ZRU2ATuk77eX5g1paVf-MLMxpH-3DA9l9FUmq44lBe_&amp;s=1\">www.carajput.com<\/a>\u00a0 E: singh@carajput.com T: 9-555-555-480<\/p>\n","protected":false},"excerpt":{"rendered":"<p>BRIEF INTRODUCTION Latest Updates on GST Refund Update as on 1st May 2021 Where the\u00a0limit\u00a0to pass orders for rejecting any refund claim fully or partly falls between 15th April 2021 and 30th May 2021,\u00a0it&#8217;s\u00a0extended. The extended\u00a0cut-off date\u00a0shall be later of two dates: 15 days after reply\u00a0to note 31st May 2021 Update as on 27th June &hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[172],"tags":[175,9959],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/posts\/2775"}],"collection":[{"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/comments?post=2775"}],"version-history":[{"count":5,"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/posts\/2775\/revisions"}],"predecessor-version":[{"id":2777,"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/posts\/2775\/revisions\/2777"}],"wp:attachment":[{"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/media?parent=2775"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/categories?post=2775"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/carajput.com\/blog\/wp-json\/wp\/v2\/tags?post=2775"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}