Oct 18, 2017
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Refund in GST: Acknowledgement and Grant of provisional refund

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Refund in GST:

Refund in GST article talks about Acknowledgement and Grant of provisional refund.

However, Refund in GST article further talks about refund with reference to RULE-2. Acknowledgement and RULE-3.Grant of provisional refund under Revised return rules,2017.

Furthermore , Refund in GST article mainly talks about the rules that are revised by the GST council.

Under GST , the council has clearly stated the types and forms so required to file the return.  Thus only registered person has right to claim. And filed for return under GST India.

RULES

FORM

CONTENT WITH REFERENCE

2. Acknowledgement

1.  FORM GST RFD-02

 

2. FORM GST RFD-03

 

3. FORM GST RFD-03 [CGST Rules]

 

4. FORM GST RFD-03 [SGST Rules]

1.       Where the application relates to a claim for refund from the electronic cash ledger, an acknowledgement shall make available.

2.       To file a refund application after rectification of any such deficiencies.

3.       Where deficiencies have communicate under the GST Rules of the State, the same shall also deemed to have communicate under this Rule.[CGST Rules]

4.       Where deficiencies have communicated under the CGST Rules, the same shall also deem to have communicated under this Rule.[SGST Rules]

3. Grant of provisional refund

1.   FORM GST RFD-04

 

2.   FORM GST RFD-05

1.         The proper officer, after scrutiny of the claim and the evidence submitted in support thereof and on being prima facie satisfied shall make an order.

2.       The proper officer shall issue a payment advice for the amount sanctioned under sub-rule (2) and the same shall electronically credit.

Rule-2. Acknowledgement

(1) Where the application relates to a claim for refund from the electronic cash ledger, an acknowledgement in FORM GST RFD-02 shall be made available to the applicant through the Common Portal electronically, clearly indicating the date of filing of the claim for refund.

(2) Thus application for refund, other than claim for refund from electronic cash ledger, shall be forwarded to the proper officer who shall, within fifteen days of filing of the said application, scrutinize the application for its completeness and where the application is found to be complete in terms of sub-rule (2),(3) and (4) of rule 1, an acknowledgement in FORM GST RFD-02 shall be made available to the applicant through the Common Portal electronically, clearly indicating the date of filing of the claim for refund.

(3) However, where any deficiencies are noticed, the proper officer shall communicate the deficiencies to the applicant in FORM GST RFD-03 through the Common Portal electronically, requiring him to file a refund application after rectification of such deficiencies.

(4) Where deficiencies have communicate in FORM GST RFD-03 under the GST Rules of the State, the same shall also deem to have communicate under this Rule along with deficiencies communicate under sub-rule (3). [CGST Rules]

(4) Where deficiencies have communicate in FORM GST RFD-03 under the CGST Rules, the same shall also deemed to have communicate under this Rule along with deficiencies communicate under sub-rule (3). [SGST Rules]

Rule-3. Grant of provisional refund

(1) The provisional refund under sub-section (6) of section 54 shall grant subject to the following conditions –

(a) the person claiming refund has, during any period of five years immediately preceding the  tax period to which the claim for refund relates, not prosecute for any offence under the Act or under an existing law where the amount of tax evaded exceeds two hundred and fifty lakh rupees;

(b) the GST compliance rating, where available, of the applicant is not less than five on a scale of ten;

(c) no proceedings of any appeal, review or revision is pending on any of the issues which form the basis of the refund and if pending, the same has not stay by the appropriate authority or court.

(2) The proper officer, after scrutiny of the claim and the evidence submitted in support thereof and on being prima facie satisfied that the amount claimed as refund under sub-rule (1) is due to the applicant in accordance with the provisions of sub-section (6) of section 54, shall make an order in FORM GST RFD- 04, sanctioning the amount of refund due to the said applicant on a provisional basis within a period not exceeding seven days from the date of acknowledgement under sub-rule (1) or sub-rule (2) of rule 2.

(3) Thus proper officer shall issue a payment advice in FORM GST RFD-05 for the amount sanctioned under sub-rule (2) and the same shall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund.

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Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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