sir
can we claim refund in gst?
Yes there is a provision of Refund in GST.
7 Replies
RAJASEKARAN
(Accounts Manager)
(73 Points)
Replied 14 June 2017
may u tell procedure for refund claim?
CA Saloni
(Manager-Accounts & GST Consultant)
(5124 Points)
Replied 14 June 2017
PLease refer to the refund rules.
MOHAMED AZGAR
(Tax PRACTITIONERS )
(130 Points)
Replied 15 October 2017
Payment of Wrong Tax
Under GST it might happen that the taxable person may pay integrated tax instead of central tax plus state tax and vice versa because of incorrect application of the place of supply provisions. In such cases, while making the appropriate payment of tax, interest will not be charged and the refund claim of the wrong tax paid earlier will be entertained without subjecting it to the provision of unjust enrichment
Under GST it might happen that the taxable person may pay integrated tax instead of central tax plus state tax and vice versa because of incorrect application of the place of supply provisions. In such cases, while making the appropriate payment of tax, interest will not be charged and the refund claim of the wrong tax paid earlier will be entertained without subjecting it to the provision of unjust enrichment
MOHAMED AZGAR
(Tax PRACTITIONERS )
(130 Points)
Replied 15 October 2017
GST REFUND
Situations Leading to Refund Claims
➖➖➖➖➖➖➖➖➖➖
The relevant date provision embodied in Section 54 of the CGST Act, 2017, provision contained in Section 77 of the CGST Act, 2017 and the requirement of submission of relevant documents as listed in Rule 1(2) of Refund Rules is an indicator of the various situations that may necessitate a refund claim. A claim for refund may arise on account of:
▶Export of goods or services
▶Supplies to SEZs units and developers
▶Deemed exports
▶Refund of taxes on purchase made by UN or embassies etc.
▶Refund arising on account of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court
▶Refund of accumulated Input Tax Credit on account of inverted duty structure
▶Finalisation of provisional assessment
▶Refund of pre-deposit
▶Excess payment due to mistake
▶Refunds to International tourists of GST paid on goods in India and carried abroad at the time of their departure from India
▶Refund on account of issuance of refund vouchers for taxes paid on advances against which, goods or services have not been supplied
▶Refund of CGST & SGST paid by treating the supply as intraState supply which is subsequently held as inter-State supply and vice versa
Thus, practically every situation is covered. The GST law requires that every claim for refund is to be filed within 2 years from the relevant date
Situations Leading to Refund Claims
➖➖➖➖➖➖➖➖➖➖
The relevant date provision embodied in Section 54 of the CGST Act, 2017, provision contained in Section 77 of the CGST Act, 2017 and the requirement of submission of relevant documents as listed in Rule 1(2) of Refund Rules is an indicator of the various situations that may necessitate a refund claim. A claim for refund may arise on account of:
▶Export of goods or services
▶Supplies to SEZs units and developers
▶Deemed exports
▶Refund of taxes on purchase made by UN or embassies etc.
▶Refund arising on account of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court
▶Refund of accumulated Input Tax Credit on account of inverted duty structure
▶Finalisation of provisional assessment
▶Refund of pre-deposit
▶Excess payment due to mistake
▶Refunds to International tourists of GST paid on goods in India and carried abroad at the time of their departure from India
▶Refund on account of issuance of refund vouchers for taxes paid on advances against which, goods or services have not been supplied
▶Refund of CGST & SGST paid by treating the supply as intraState supply which is subsequently held as inter-State supply and vice versa
Thus, practically every situation is covered. The GST law requires that every claim for refund is to be filed within 2 years from the relevant date
MOHAMED AZGAR
(Tax PRACTITIONERS )
(130 Points)
Replied 15 October 2017
Where the claim pertains to refund from Electronic cash ledger ,the proper officer shall provide the GST RFD-2 to the applicant as acknowledgement on the common portal.
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