Oct 20, 2017
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GST refund India overview in relation to different revised refund rules,2017

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GST refund India

GST refund India article Order sanctioning refund, Refund of tax to certain persons,Credit of the amount of rejected refund claim, Order sanctioning interest on delayed refunds.

However, GST refund India article further talks about refund with reference to RULE-4.Order sanctioning refund, RULE-5. Credit of the amount of rejected refund claim, RULE-6.Order sanctioning interest on delayed refunds, RULE-7 Refund of tax to certain persons.

Furthermore , GST refund India 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

4. Order sanctioning refund

 

FORM GST RFD-06

Thus, upon examination of the application, the proper officer satisfy that a refund under sub section(5) of section 54 is due and payable to the applicant.
 

 

 

FORM GST RFD-07

 

 

 

However,  the amount of refund completely adjusted against any outstanding demand under the Act or under any existing law, an order giving details of the adjustment may issue in FORM GST RFD-07.
 

FORM GST RFD-08

 

 

Thus the proper officer satisfy, for reasons to record in writing, that the whole or any part of the amount claimed as refund is not admissible or is not payable to the applicant, he shall issue a notice in FORM GST RFD-08.

FORM GST RFD-09

Due to requiring him to furnish a reply in FORM GST RFD-09 within fifteen days of the receipt of such notice and after considering the reply, make an order in FORM GST RFD-06

7. Refund of tax to certain persons

 

FORM GST RFD-10

Any person eligible to claim refund of tax paid by him on his inward supplies as per notification issued section 55 shall apply for refund in FORM GST RFD-10 once in every quarter

FORM GST RFD-11

Refund of tax to certain persons either directly or from a Facilitation Centre notified by the Commissioner, along with a statement of inward supplies of goods or services or both in FORM GSTR-11

Rules on refund under GST refund India as as under:

4.Order sanctioning refund

(1) Where, upon examination of the application, the proper officer satisfied that a refund under subsection(5) of section 54 due and payable to the applicant.

However he shall make an order in FORM GST RFD-06,sanctioning the amount of refund to which the applicant entitle.

Thus also mentioning therein the amount, if any, refunded to him on a provisional basis under sub-section (6) of section 54, amount adjusted against any outstanding demand under the Act or under any existing law and the balance amount refundable:

Provided that in cases where the amount of refund complete adjust against any outstanding demand under the Act or under any existing law, an order giving details of the adjustment may be issued in FORM GST RFD-07.

(2) Where the proper officer satisfy, for reasons to be recorded in writing, that the whole or any part of the amount claimed as refund not admissible or not payable to the applicant.

Thus, In such case he shall issue a notice in FORM GST RFD-08 to the applicant, requiring him to furnish a reply in FORM GST RFD-09 within fifteen days of the receipt of such notice.

However he also required to consider the reply, make an order in FORM GST RFD-06, sanctioning the amount of refund in whole or part, or rejecting the same.

Thus said refund claim and the said order shall made available to the applicant electronically and the provision of sub-rule (1) shall, mutatis mutandis, apply to the extent refund allow:

Provided that no application for refund shall reject without giving the applicant a reasonable opportunity of being heard.

(3) However, the proper officer satisfy that the amount refundable under sub-rule (1) or (2) payable to the applicant under sub-section (8) of section 48.

Later, he shall make an order in FORM GST RFD-06 and issue a payment advice in FORM GST RFD-05, for the amount of refund and the same shall be electronically credited.

It said to credit in any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund.

(4) However the proper officer is satisfied that the amount refundable under sub-rule (1) or sub-rule (2) not payable to the applicant under sub-section (8) of section 54.

And he shall make an order in FORM GST RFD-06 and issue an advice in FORM GST RFD-05, for the amount of refund to credit to the Consumer Welfare Fund.

5. Credit of the amount of rejected refund claim

(1) Where any deficiencies have communicate under sub-rule (3) of rule 2, the amount debited under sub-rule (3) of rule 1 shall re-credited to the electronic credit ledger.

(2) Where any amount claimed as refund  reject under rule 4, either fully or partly, the amount debited, to the extent of rejection, shall re-credited to the electronic credit ledger by an order made in FORM GST PMT-03.

Explanation.– For the purposes of this rule, a refund shall deem to  reject, if the appeal is finally rejected or if the claimant gives an undertaking in writing to the proper officer that he shall not file an appeal.

6. Order sanctioning interest on delayed refunds

Where any interest is due and payable to the applicant under section 56, the proper officer shall make an order along with a payment advice in FORM GST RFD-05.

It also need to specify therein the amount of refund which delay, the period of delay for which interest payable. The amount of interest payable.

And such amount of interest shall electronically credit to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund.

7. Refund of tax to certain persons

(1) Any person eligible to claim refund of tax paid by him on his inward supplies as per notification issued section 55 shall apply for refund in FORM GST RFD-10 once in every quarter, electronically on the Common Portal.

Its done either directly or from a Facilitation Centre notified by the Commissioner, along with a statement of inward supplies of goods or services or both in FORM GSTR-11.

Its prepared on the basis of statement of outward supplies furnished by corresponding suppliers in FORM GSTR-1.

(2) An acknowledgement for receipt of the application for refund shall issue in FORM GST RFD 02.

(3) Refund of tax paid by the applicant shall be available if-

(a) the inward supplies of goods or services or both were received from a registered person against a tax invoice and the price of the supply covered under a single tax invoice exceeds five thousand rupees, excluding tax paid, if any;

(b) name and GSTIN or UIN of the applicant so mentioned on the tax invoice; and

(c) such other restrictions or conditions as may specify in the notification so satisfied.

(4) Thus provisions of rule 4 shall, mutatis mutandis, apply for the sanction and payment of refundunder this rule.

(5) However ,where an express provision in a treaty or other international agreement, to which the President or the Government of India is a party, is inconsistent with the provisions of these rules, such treaty or international agreement shall prevail.

 

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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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