Category: Refunds under GST

Posted on

State Tax officers authorized to sanction refunds of jurisdictional registered persons , except refund of integrated tax paid on export of goods by Notification 39/2017 dated 13-10-2017 and NN 11/2017-IGST dated 13-10-2017

Section 54 and 55 allows refund in following cases:

  • Refund of tax paid on zero-rated supplies of goods or services or both
  • Refund of tax paid on inputs or input services used in making such zero-rated supplies made without payment of tax
  • Refund of tax on the supply of goods regarded as deemed exports
  • Refund of unutilized input tax credit, where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies, except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council
  • Refund of tax paid on a supply which is not provided, either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued
  • Refund of tax paid under wrong head
  • The tax and interest, if any, or any other amount paid by the applicant, if he had not passed on the incidence of such tax and interest to any other person
  • Refund of tax paid on supplies received by UN organizations

 

 

However the above notifications has specifically barred the State tax  officers to sanction the refunds covered by Rule 96 which covers the refund of integrated tax paid on export of goods.

Posted on

If refund is made based on the order of appellant authority, then would interest be paid

Yes, interest (at a rate not exceeding 9%) would be computed and paid for the period starting from expiry of 60 days from the date of application consequent to the order till the date of actual refund of tax. It is pertinent to note that the Government vide Notification No. 13/2017 – Central Tax dated June 28,2017, has prescribed the rate of interest @ 9%.

(ICAI FAQ PUBLICATIONS 06-09-2017 INTEREST ON DELAYED REFUNDS: FAQ NO. 31)

Posted on

Would interest be paid on the amount of refund sanctioned

Yes, in terms of section 56, interest would be paid at a rate not exceeding 6%, if the refund is not sanctioned with 60 days from the receipt of refund application. It is pertinent to note that the Government vide Notification No. 13/2017 – Central Tax dated June 28,2017 has prescribed the rate of interest @ 6%.

(ICAI FAQ PUBLICATIONS 06-09-2017 REFUNDS: FAQ NO. 29)

Posted on

Is there any other case apart from those covered in Section 54, wherein refund can be claimed under GST

Yes, as per Section 55 of the CGST Act, the Government may, on the
recommendations of the Council, by notification, specify any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to certain conditions and restrictions, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them.

(ICAI FAQ PUBLICATIONS 06-09-2017 REFUND IN CERTAIN CASES: FAQ NO. 28)