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GST Refund

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Draft GST Rules - A Summary
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GST Refund

  1. 1. GST Refund
  2. 2. Introduction 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.
  3. 3. What is GST refund? Usually when the GST paid is more than the GST liability a situation of claiming GST refund arises. Under GST the process of claiming a refund is standardized to avoid confusion. The process is online and time limits have also been set for the same.
  4. 4. SITUATIONS LEADING TO REFUND CLAIMS 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
  5. 5. SITUATIONS LEADING TO REFUND CLAIMS 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 283 supply as intra-State supply which is subsequently held as inter-State supply and vice versa.
  6. 6. How to calculate GST refund? Let’s take a simple case of excess tax payment made. Mr. B’s GST liability for the month of September is Rs 50000. But due to mistake, Mr. B made a GST payment of Rs 5 lakh. Now Mr. B has made an excess GST payment of Rs 4.5 lakh which can be claimed as a refund by him. The time limit for claiming the refund is 2 years from the date of payment.
  7. 7. What is the time limit for claiming the refund? The time limit for claiming a refund is 2 years from relevant date. The relevant date is different in every case. Here are the relevant dates for some cases

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