introduction to gst refunds refund ProceDureS i-5

Similar documents
Refunds under GST & Budgetary Support

DRAFT GOODS AND SERVICES TAX - REFUND RULES, 20--

WEBINAR ON - GST REFUND

GST - AN OVERVIEW I-5

REFUND EXPORT PROCEDURES

GST - AN OVERVIEW I-5

Refunds. Chapter IX. FAQ s. Refund of tax (Section 54)

F. No. CBEC/20/16/4/2018-GST Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs GST Policy Wing

Chapter- REFUND. 1. Application for refund of tax, interest, penalty, fees or any other amount

[Chapter XI] Edition 9

THE GOODS AND SERVICES TAX (REUFND) RULES, Rule Rule Title Form no. Time limit for filing form. Section reference

Export Refund Under GST

Refund process under GST

GET READY FOR SIMPLIEFIED REFUND UNDER GST

GST. Compiled by: Central Circulars on Export and Refund (Updated upto 15 th January, 2019)

Presents a booklet on. Refunds under GST

REFUND UNDER GST. Law, Rules & Forms. 4 December 2017 Copyrights Reserved of 21

GOODS AND SERVICES TAX RULES, 2017 REFUND FORMS

FORM-GST-RFD-01 [See rule 89(1)] Application for Refund

Presented by Ankit Suresh Kabra [B.Com, ACA, LL.B.]

10. In the said rules, after FORM GSTR-8, the following FORMS shall be inserted, namely:-

GOODS AND SERVICES RULES, 2017 REFUND FORMS

Refunds under GST. I. Introduction

GOODS & SERVICES TAX / IDT UPDATE 58 GST. Central Goods and Services tax (Eighth Amendment ) Rules, 2018

GST Annual Return: Introduction

REFUND OF IGST OR ACCUMULATED ITC IN CASE OF EXPORTS

CA. Annapurna Kabra

Composition. Exports

GST Update. Weekly Update N a t i o n a l A c a d e m y o f C u s t o m s, I n d i r e c t T a x e s a n d N a r c o t i c s ( N A C I N )

S.54 Relevant circulars, notifications, clarifications issued by Government

Registration. Chapter IV FAQS. Registration (Section 22 to 30)

THE CGST ACT, 2017 REFUNDS

FAQ s on Form GSTR-9 Annual Return

Registration. Chapter IV. FAQ s. Registration (Section 22 to 30)

GOODS AND SERVICES TAX RULES, 2017 RETURN FORMATS

EXPORT OF GOODS AND/OR SERVICES ON PAYMENT OF IGST

F. No. 349/169/2017-GST Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing

GOODS & SERVICES TAX / IDT UPDATE 67

GOODS & SERVICES TAX / IDT UPDATE 30

TEXPROCIL. (A) Exports under Bond/ LUT or under Refund of IGST

C A. S H A S H A N K S H E K H A R G U P T A P A R T N E R - I N D I R E C T T A X

CA. Hrishikesh Wandrekar Wandrekar & Co.

GOODS & SERVICES TAX / IDT UPDATE 51

28 September Draft Goods & Services Tax Rules on Registration, Invoice, Payment, Return and Refund. Dimensions - GST Edition

Name What does it relate to When to be filed

Contents. u Central Goods and Services Tax (Extension to Jammu and Kashmir) Act,

GSTR 9- Annual Overview Engagement. pack

Circular No. 94/13/2019-GST

Goods & Services Tax

Notification No. 39/2018 Central Tax

WIRC of ICAI. Understanding Annual Returns & Reconciliation Statement. Presented By CA. Kevin Shah

FORM-GST-RFD-01 [See rule 89(1)]

India s CBEC extends LUT facility in respect of all zero-rated supplies

Chapter IX Returns Statutory Provision 37. Furnishing details of outward supplies

GST Update. Weekly Update N a t i o n a l A c a d e m y o f C u s t o m s, I n d i r e c t T a x e s a n d N a r c o t i c s ( N A C I N )

GSTR 9 Annual Return Overview Engagement pack

MODEL GST LAW. CA. UPENDER GUPTA, IRS COMMISSIONER (GST), CBEC

GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA TRADE CIRCULAR NO. 12/2017 DATED:

Input Tax Credit Rules

GOODS & SERVICES TAX UPDATE 1

WIRC of ICAI CA Gopal Kedia

Goods & Service Tax: Clarification required on various issues under Business Processes on GST. Date:

Proposed Amendments in GST Law

All you should know while filing GSTR - 3B Return

i. On or before the due date of furnishing the return for the month of September 2018 i.e (unless extended). OR

Contents. Division one 1 GST Law Guide. List of Forms I-13 List of Cases Digested I-21

Tax Liability Ledger, will reflect the total tax liability of a tax payer (after netting) for the particular month.

Chapter - RETURNS. 1. Form and manner of furnishing details of outward supplies

F. No. 349/74/2017-GST (Pt.) Vol.-II Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing

Issues relating to SEZ

Points of discussion with the Group of Ministers on 17th April 2018 on " Return filing under GST-Issues and Challenges"

[Chapter IX] Edition NBC, Chartered Accountants and member of Allinial Global Accounting Association. All Rights Reserved.

The Centre of Excellence for GST. GST: Returns. JULY 09, 2017 ICAI Tower, BKC MUMBAI. CA. Hemant P. Vastani. The Centre of Excellence for GST

BUSINESS PROCESSES ON GST RETURN

Available Functionality for Tax Payers in GST Portal as on

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

Procedures under GST BY CA LAKSHMI G K. Hiregange & Associates

GST FCBM GST RETURNS FORM 3B REFERENCER

GOODS & SERVICES TAX / IDT UPDATE 31

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

under RCM How composition dealer will be affected by RCM? What if the supplier is not registered?

Presentation on GST Annual Return & GST Audit

a) Taxpayers with aggregate annual turnover up to INR 1.5 Crore are required to file GSTR1 on a quarterly basis as follows:

GST Returns. Law and procedure

The Empowered Committee of State Finance Ministers have worked out a dual GST model for India. In

TRADE CIRCULAR. Subject : Manual filing and processing of claim of refund of inverted tax structure and deemed exports.

CENTRAL BOARD OF EXCISE & CUSTOMS

IMPORTS UNDER GST. Duty Calculation:

GSTR-3. (figures in Rs) Value IGST Additional Tax (1) (2) (3) (4) (5) Goods

Payment of tax, interest, penalty and other amounts (Section 49)

Input tax credit under GST regime

GOODS AND SERVICE TAX (GST) TRANSITIONAL PROVISIONS COMPILED AND PREPARED BY : CA SAGAR THAKKAR

A COMPREHENSIVE GST CHECKLIST BEFORE FINALISATION OF BALANCE SHEET FOR THE FY FOR REGISTERED PERSONS - PART 3

Association of Mutual Funds in India Goods and Services Tax - FAQs for Distributors October 2017

Government releases draft rules for registration, invoice, payment, return and refund under GST

GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA TRADE CIRCULAR NO.10/2017 DATED:

Refund of unutilised Input Tax Credit (ITC)

Reverse Charge. Section 9 (3) of CGST Act, 2017 Section 9 (4) of CGST Act, Section 5(3) of IGST Act, 2017 Section 5(4) of IGST Act, 2017

F. No. 349/74/2017-GST (Pt.) Vol.-II Government of India Ministry of Finance Department of Revenue Central Board of Excise and Customs GST Policy Wing

4. Inward supplies on which tax is to be paid on reverse charge

Transcription:

Contents 1 Introduction to GST refunds 1.1 Introduction 1 1.2 Refund provision in GST Law 1 1.3 Scope of refund in GST Law 3 1.4 Refund of tax, interest, penalty, fee or any other amount paid 4 1.5 Exhaustive list of refunds in GST 5 1.6 Refund options available at the GST common portal 7 1.7 No multiple refund applications during a single tax period 7 1.8 Refund in case of person opting to file GSTR-1 on Quarterly basis 8 1.9 Refund of taxes paid under existing laws 8 2 Refund Procedures 2.1 Application to be accompanied with documentary evidence 9 2.2 Declaration/certification, as the case may be, that the incidence 10 of tax and interest has not been passed on to any other person 2.3 Processing of refund claim 11 2.4 Acknowledgement of the refund claim application 12 2.4-1 Application relates to refund from Electronic Cash 12 Ledger 2.4-2 Application relates to refund other than from Electronic Cash Ledger 12 I-5

Contents I-6 2.5 Deficiencies in the refund application 12 2.6 Processing of refund claim on account of zero-rated supply 14 2.7 Order sanctioning refund 14 2.8 Withholding of refund claim/deduction of dues from the refund 15 claim 2.9 Issue of refund order 16 2.10 No refund if refund claim amount is less than INR 1000 17 2.11 Credit of the amount of rejected refund claim 17 2.12 Order sanctioning interest on delayed refunds 18 2.13 Consumer Welfare Fund 19 2.14 Manual processing of refund claim 22 2.15 Claim for refund filed by an Input Service Distributor, a person 29 paying tax under section 10 or a non-resident taxable person 2.16 Special Refund Fortnights 30 3 Excess payment of tax due to mistake or inadvertence 3.1 Excess payment of tax, if any 32 3.2 Time limit for making application 33 3.3 Relevant Date 33 3.4 Documentary Evidence 33 4 Excess Balance in Electronic Cash Ledger 4.1 Excess balance in electronic cash ledger 34 4.2 Time limit for making application 35 4.3 Relevant date 35 4.4 Documentary evidence 35 4.5 Claim of refund in case of excess balance in electronic cash ledger - Manual process 36 4.5-1 Manual filing due to unavailability of the function online 36 4.5-2 Reference to earlier Circular in regard to process 36 4.5-3 Manual Refund Application Form submission 36

I-7 ConteNts 4.5-4 Ascertaining Jurisdictional Proper Officer for submission of manual application 4.5-5 Payment of refund amount 36 4.5-6 Adherence to the time limit of 60 days of refund sanction 4.5-7 Processing of refund claim 37 4.6 Procedure for filing an application for refund of excess balance in electronic cash ledger 37 5 Export procedures 5.1 Zero rated supply 42 5.2 Export of goods and/or services 42 5.3 Documents for export of taxable and/or exempted supplies 43 5.4 GSTIN/PAN/UIN mandatory information in Shipping Bill 44 5.5 Ways of export 44 5.5-1 On payment of IGST which can be claimed as refund 44 after the goods have been exported 5.5-2 Under bond or Letter of Undertaking (LUT) without payment of IGST 44 5.6 Possible scenarios of refund in case of exports 53 5.7 Immediate measure for the merchant exporters 53 5.8 Done away with ARE 1/ARE 2 56 5.9 Sealing by officers 56 5.10 Exemptions available for various authorizations/scrips which 56 have been issued prior to 1-7-2017 and remain unutilized on 1-7-2017 5.11 Rate of GST on duty credit scrips 57 5.12 Status of exemption from all duties available under Advance 57 authorization scheme 5.13 Duty free benefit on import of capital goods using EPCG 58 authorization 5.14 Usage of duty credit scrips such as Merchandise Exports from 60 India Scheme (MEIS) and Service Exports from India Scheme (SEIS) 5.15 Export of Goods to Nepal and Bhutan 60 36 37

ConteNts I-8 5.16 Exporter required to pay GST in case of goods procured from unregistered persons (including unregistered job workers) 5.17 Rescinding of earlier circular on exports 61 5.18 Details required to be furnished in GSTR 1 by the Exporters 61 5.19 Status of Export Oriented Unit (EOU) Scheme 63 6 Export of goods and/or services on payment of IGST 6.1 Exports as Zero-rated supply 66 6.2 Two options to Export of Goods and/or Services 66 6.3 Possible scenarios of refund in case of exports 67 6.4 Processing of IGST refund claim 67 6.5 Refund in respect of export of goods and/or services 67 6.6 Export on payment of IGST without any requirement of Bond or Letter of Undertaking 6.6-1 In case of refund of IGST paid on exports of goods 68 6.6-2 In case of refund of IGST paid on exports of services 113 7 Export under bond or letter of undertaking 7.1 Export of goods and/or services 125 7.2 Two options to Export of Goods and/or Services 125 7.3 Possible scenarios of refund in case of exports 126 7.4 Processing of IGST refund claim 126 7.5 Refund in respect of export of goods and/or services 126 7.6 Export without payment of IGST under Bond or Letter of Undertaking 7.6-1 In case of refund of tax paid on exports of goods under Bond or Letter of Undertaking 7.6-2 In case of refund of tax paid on exports of services under Bond or Letter of Undertaking 7.7 Procedure to file an application for refund of Input Tax Credit accumulated on account of exports of goods or services without payment of tax 60 68 127 144 156 160

I-9 ConteNts 8 Deemed Exports 8.1 Deemed exports 166 8.2 Deemed exports only in case of supply of goods 166 8.3 Recommendation of GST Council to consider transactions as deemed exports 8.4 Supplies notified as deemed exports 167 8.5 Furnishing details of deemed exports in the GST return 168 8.6 Claim of refund in case of deemed exports 168 8.7 Claim of refund by the recipient 169 8.8 Claim of refund by the supplier 169 8.9 Time limit for making application 172 8.10 Relevant date 172 8.11 Documentary evidence 173 8.12 Claim of refund in case of deemed exports - Manual process 173 8.13 Procedure to file an application for refund as a recipient of 174 deemed exports 9 SEZ refund procedures 9.1 Outward supplies made to SEZ units/developers 177 9.2 Outward supplies made by SEZ units/developers 180 9.3 Supply to SEZ unit/developer as Zero-rated supply 182 9.4 Two options to make supply to SEZ Unit/Developer 183 9.5 Refund in respect of supply of goods and/or services to SEZ 183 unit/developer 9.6 Supply on payment of IGST without any requirement of Bond or Letter of Undertaking 183 9.6-1 Procedure to file an application for refund on account of supply of goods or services to SEZ unit/developer with payment of tax 188 9.7 Supply to SEZ unit/developer without payment of IGST under Bond or Letter of Undertaking 191 166

Contents I-10 9.7-1 Procedure to file an application for refund on account of supply of goods or services to SEZ unit/developer without payment of tax 199 10 Inverted Duty Structure 10.1 Credit accumulation due to inverted duty structure i.e. due to 203 tax rate differential between output and inputs 10.2 Formula for calculation of refund amount in case of inverted 211 duty structure 10.3 Pre-requisite for claiming refund of accumulated ITC 215 10.4 Supplies to Merchant Exporters 215 10.5 Time limit for making application 218 10.6 Relevant Date 218 10.7 Documentary Evidence 218 10.8 Claim of refund in case of inverted duty structure - Manual 218 process 10.9 Procedure to file an application for refund of Input Tax Credit 221 accumulated on account of Inverted duty structure 11 Assessment, Provisional Assessment - Finalization of Provisional Assessment, Appeal and any other Order 11.1 On type of Order Assessment, Provisional Assessment - 225 Finalization of provisional assessment, Appeal and any other Order 11.2 Time limit for making application 227 11.3 Relevant Date 227 11.4 Documentary Evidence 227 12 Purchases made by embassies or UN bodies or persons notified under section 55 12.1 Introduction for persons holding Unique Identification Number 228 (UIN) 12.2 Status of registration for UIN s 228 12.3 Filing of return by UIN Agencies 229

I-11 Contents 12.4 Refund of tax payment on inward supplies made by specialized agency, etc. 229 12.5 Application for claim of refund 232 12.6 Manual submission of GST RFD-10 Form 234 12.7 Procedure to claim refund under section 54(2) i.e. by Embassies, International Organisations, etc. 12.8 Refund in case of canteen stores department under Ministry of Defence 235 238 13 Miscellaneous Refunds 13.1 Refund in case of international tourists 243 13.2 Refund in other cases where there is balance in electronic cash ledger 13.3 Refund in case of casual taxable person or non-resident taxable person 244 244 14 SCHEME OF BUDGETARY SUPPORT (REFUND) 14.1 Background 245 14.2 Budgetary support scheme by Central Government 246 14.3 Determination of the amount of budgetary support 248 14.4 Inspection of the eligible unit 251 14.5 Manner of budgetary support 251 14.6 Procedure for manual disbursal of budgetary support 252 14.7 Budgetary scheme provisions 257 14.8 Format of affidavit-cum-indemnity bond 258 14.9 Budgetary support scheme by State of Jammu and Kashmir 259 appendices Appendix 1: Relevant sections of central Goods and services tax 263 act, 2017 Appendix 2: Relevant rules and forms of Central Goods and Services 271 Tax Rules, 2017 Appendix 3: Notifications 319 Appendix 4: Circulars and Clarifications 329