1. Submission and Processing of Refund application will be
Electronically fully w.e.f 26.09.2019 2. Hence circulars laying guidelines for manual submission and processing need to be suitably modified to comply with electronic process. 3. All previous circulars will be superseded for the purpose of refund application filed after 26.09.2019 4. Refund Application to be processed online a. Refund of ITC in case of Export /SEZ unit/SEZ Devloper without payment of Taxes b. Refund of Taxes in case of Export of Services with payment c. Refund of Taxes in case of Supplies to SEZ unit/Developer with payment d. Refund of ITC due to Inverted duty Structure e. Refund of Taxes on deemed export supplies to Recipient/Supplier f. Refund of Excess balance in Electronic Cash Ledger g. Refund of Excess payment of Tax h. Refund of Tax Paid on Intra State supplies which was Inter State Supplies and Vice versa i. Refund on account of assessment/provisional assessment/appeal/any other order j. Refund on account of “Any Other” Ground or reason. 5. MODALITIES TO BE FOLLOWED a. File all returns GSTR 1 and GSTR 3B/GSTR -4/5/6 b. File Form GST RFD-01 (Including Comprehensive list of documents to be attached – Discussed later in detail) c. ARN Number will be generated thereafter (Application deemed to have been filed under sub rule (2) of rule 90 of CGST Rules for further processing) d. Issue of Acknowledgment in GST RFD-02 or Deficiency memo in GST RFD-03 within 15 days (After deficiency Memo issued, Cash/ITC already debited will be return back automatically and fresh application needs to be filed and further deficiency memo shall be issued only if substantive deficiency is found) e. Application issued to Wrong Jurisdictional Officer will be electronically transmitted to correct jurisdiction within 3 days without issuing Deficiency Memo. f. Refund of ITC shall be made along with undertaking as ITC is provisional as GSTR 2 is not yet implemented g. As refund application filed to correct deficiency will be fresh one hence limit of 2 years from relevant date shall be applicable to it. h. Provisional refund of 90% of refundable refund shall be issued in case proper officer has reason to have irregularities in refund application as per rule 91 and 92. i. IF provisional refund is greater than Actual sanctioned refund then SCN will be issued to recover the excess amount. And after that excess amount shall be added to liability ledger through DRC07 j. Rejected amount of refund shall be re-credited through Form GST PMT-03. k. No Adjustment or withholding of refund under section 54(10) or 54(11) from provisional refund instead Proper officer in such case sanction refund on final basis at earliest and not on provisional basis and recover from such sanctioned amount. l. Advice to issue the refund order in 45 days. (60 days as per law) m.Verification of ITC details by Proper Officer for refund submitted Copy of GSTR 2A of relevant periods to be uploaded Self Certified copies of Invoices not visible in GSTR 2A shall be uploaded in Format Specified. Proper officer shall not insist for copies of Invoices appearing in GSTR 2A. ITC Availment shall be subject to Rule 36(4) restriction.
n. Calculation of Refundable ITC by Common Portal
Refundable ITC Shall be Least of following
Maximum Refund Amount as per Rule 89(4) or 89(5) Balance in Credit Ledger at the end of tax period covered by refund Balance of Credit ledger at the time of Filing of Refund application
Such Refundable ITC will be debited from Credit Ledger in following
order Integrated Tax, Central Tax/State Tax Equally Differential Amount if any shall be debited from Central Tax/State Tax ledger in which balance is available.
Order of Debit described above is not available in Common Portal
therefore taxpayer is Advised to follow above order at their own. However if order of debit is not adhered no adverse view will be taken.
LUT NOT FILED BEFORE MAKING ZERO RATED SUPPLIES
o. In this regard, it is emphasized that the substantive benefits of zero rating may not be denied where it has been established that exports interms of the relevant provisions have been made. The delay in furnishing of LUT in such cases may be condoned and the facility for export under LUT may be allowed on ex post facto basis taking into account the facts and circumstances of each case.
VALUE DECLARED IN TAX INVOICE DIFFERS FROM VALUE IN
SHIPPING BILL p. The lower of the two values should be taken into account while calculating the eligible amount of refund
CLARIFICATION FOR EXPORT PROCEEDS REALIZATION IN CASE OF
GOODS q. It is therefore clarified that insistence on proof of realization of export proceeds for processing of refund claims related to export of goods has not been envisaged in the law and should not be insisted upon.
Refund of transitional credit
r. NOT ADMISSIBLE (As it can not be said to be availed during relevant period)