CGST Act 89(4)
This query is : Resolved
06 July 2024
Section 89(4) of the CGST Act, 2017 pertains to the situations where an order for refund is modified in cases of export of goods or services. Here's a summary of what the section entails:
1. **Modification of Order**: If any order made for refund under this Act is modified in any appeal, review or revision, or if any such order is modified in compliance with any order passed by any authority under this Act, refund shall be made only in accordance with such modified order.
2. **Effective Date**: The modified order for refund shall come into force from the date of communication of the order by which the modification is made.
3. **Interest on Delayed Refunds**: If any tax ordered to be refunded under this Act to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of section 54, interest at such rate as may be notified by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax.
In essence, this section ensures that refunds under the CGST Act are made in accordance with orders issued by competent authorities and that interest is payable if refunds are delayed beyond the stipulated period. It also emphasizes compliance with modified orders regarding refunds resulting from appeals, reviews, or revisions.
1. **Modification of Order**: If any order made for refund under this Act is modified in any appeal, review or revision, or if any such order is modified in compliance with any order passed by any authority under this Act, refund shall be made only in accordance with such modified order.
2. **Effective Date**: The modified order for refund shall come into force from the date of communication of the order by which the modification is made.
3. **Interest on Delayed Refunds**: If any tax ordered to be refunded under this Act to any applicant is not refunded within sixty days from the date of receipt of application under sub-section (1) of section 54, interest at such rate as may be notified by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of application under the said sub-section till the date of refund of such tax.
In essence, this section ensures that refunds under the CGST Act are made in accordance with orders issued by competent authorities and that interest is payable if refunds are delayed beyond the stipulated period. It also emphasizes compliance with modified orders regarding refunds resulting from appeals, reviews, or revisions.
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