Refunds under GST:- (Prem Shankar Mishra)
Timely refund mechanism is essential in tax administration,
as it facilitates trade through release of blocked funds for
working capital, expansion and modernization of existing
business.
The provisions pertaining to refund contained in the GST
law aim to streamline and standardise the refund procedures
under GST regime. Thus, under the GST regime there will
be a standardised form for making any claim for refunds.
The claim and sanctioning procedure will be completely
online and time bound which is a marked departure from
the existing time consuming and cumbersome procedure.
It has been decided, however, that since the online refund
module is not available immediately, the refund process
would be handled manually and Circular No. 17/17/2017-
GST dated 15.11.2017 and Circular no. 24/24/2017-GST
dated 21.12.2017 prescribing the detailed procedure have
been issued.
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 89(2) of CGST
Rules, 2017 is an indicator of the various situations that
may necessitate a refund claim. A claim for refund may
arise on account of:-
1. Export of Goods or services
2. Supplies to SEZs units and developers
3. Deemed Export supplies
4. Refund of taxes on purchase made by UN or embassies etc
5. Refund arising on account of judgment, decree, order
or direction of the Appellate Authority, Appellate Tribunal or any court
6. Refund of accumulated Input Tax Credit on account of inverted duty structure
7. Finalisation of provisional assessment
8. Refund of pre-deposit
9. Excess payment due to mistake
10. Refunds to International tourists of GST paid on
goods in India and carried abroad at the time of their
departure from India
11. Refund on account of issuance of refund vouchers
for taxes paid on advances against which goods or
services have not been supplied
12. Refund of CGST & SGST paid by treating the supply as intra-State 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.
Prem S Mishra
Adv. & Tax-Consultant