9911796707
TMI BlogManual filing and processing of refund claims in respect of zero-rated suppliesX X X X Extracts X X X X X X X X Extracts X X X X ..... as the IGST Act ) read with clause (i) of subsection (3) and sub-section (6) of section 54 of the WBGST Act and rules 89 to 96A of the West Bengal Goods and Services Tax Rules, 2017 (hereinafter referred to as the WBGST Rules ), a registered person may make zero-rated supplies of goods or services or both on payment of integrated tax and claim refund of the tax so paid, or make zero-rated supplies of goods or services or both under bond or Letter of Undertaking without payment of integrated tax and claim refund of unutilized input tax credit in relation to such zero rated supplies. 2.2 The refund of integrated tax paid on goods exported out of India is governed by rule 96 of the WBGST Rules. The shipping bill filed by an exporter shall be deemed to be an application for refund in such cases. The application shall be deemed to have been filed only when export manifest or export report is filed and the applicant has furnished a valid return in FORM GSTR-3 or FORM GSTR-3B , as the case may be. Upon receipt of the information regarding furnishing of a valid return in FORM GSTR-3 or FORM GSTR-3B , as the case may be, from the common portal, the system designated by the Customs s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority till the administrative mechanism for assigning of taxpayers to respective authority is implemented. However, in the latter case, an undertaking is required to be submitted stating that the claim for sanction of refund has been made to only one of the authorities. It is reiterated that the State Tax officers shall facilitate the processing of the refund claims of all registered persons whether or not such person was registered with the State Government in the earlier regime. 2.6 Once such a refund application in FORM GST RFD-01A is received in the office of the jurisdictional proper officer, an entry shall be made in a refund register to be maintained for this purpose with the following details Table 1 Sl.No. Applicant s name GSTIN Date of receipt of application Period to which the claim pertains Nature of refund Refund of integrated tax paid/Refund of Unutilized ITC Amount of refund claimed Date of issue of acknowledgment in FORM GST RFD-02 Date of receipt of complete application (as mentioned in FORM GS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CT ST/UTT IT Cess 1 2 3 4 5 6 7 8 9 2.9 After the sanction of provisional refund, the claim shall be processed and the final order issued within sixty days of the date of receipt of the complete application form. The process shall be recorded in the refund register as in the table indicated below - Table 3 Date of issue of notice, if any for rejection of refund in FORM GST RFD-08 Date of receipt of reply, if any to SCN in FORM GST RFD-09 Date of issue of Refund sanction/rejection order in FORM GST RFD-06 Total amount of refund sanctioned Date of issue of Payment Advice in FORM GST RFD-05 Amount of refund rejected Date of issue of order for adjustment of sanctioned refund/ with holding refund in FORM GST RFD-07 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted before the jurisdictional GST officer along with necessary documentary evidences, wherever applicable. 3.2 Steps to be followed for processing of Refund Claims: Three different refund registers are to be maintained for record keeping of the manually sanctioned refunds for receipts, sanction of provisional refunds and sanction of final refunds. The steps are as follows: Step No. Action to be Taken Step-1 Entry to be made in the Refund register for receipt of refund applications Step-2 Check for completeness of application as well as availability of the supporting documents in totality. Once completeness in all respects is ascertained, acknowledgement in FORM GST RFD-02 shall be issued within 15 days from the date of filing of the application and entry shall be made in the Refund register for receipt of refund applications Step-3 All communications (issuance of deficiency memo, issuance of provisional and final refund orders, payment advice etc.) shall be done in the format prescribed in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The proper officer shall validate the GSTIN details on the portal to validate whether return in FORM GSTR-3 or FORM GSTR- 3B , as the case may be, has been filed. A declaration is required to be submitted by the claimant that no refund has been claimed against the relevant invoices. Deficiencies, if any, in documentary evidences are to be ascertained and communicated in FORM GST RFD-03 within 15 days of filing of the refund application. Deficiency Memo should be complete in all respects and only one Deficiency Memo shall be given. Submission of application after Deficiency Memo shall be treated as a fresh application. Resubmission of the application, after rectifying the deficiencies pointed out in the Deficiency memo, shall be made by using the ARN and debit entry number generated originally. If the application is not filed afresh within thirty days of the communication of the deficiency memo, the proper officer shall pass an order in FORM GST PMT-03 and re-credit the amount claimed as refund through FORM GST RFD-01B. Rule 90(2) 15 day time for scrutiny Rule 90(3) Issuance of Deficiency memo Rule 90(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut tax credit is sanction-able, and amount of refund, if any, liable to be withheld. Order needs to be passed in FORM GST RFD-07 Part B. Rule 89(4) Refund Amount Calculation Rule 92(1) Any adjustments made in the amount against existing demands Rule 92(2) reasons for withholding of refunds If the sanction-able amount is less than the applied amount Notice has to be issued to the applicant in FORM GST RFD-08. The applicant has to reply within 15 days of receipt of the notice in FORM GST RFD-09 . Principles of natural justice to be followed before making the final decision. Final order to be made in FORM GST RFD-06. Rule 92(3) Notice for refund not admissible / payable Rule 92(3) Requirement of reply to the notice within 15 days Rule 92(3), 92(4), 92(5) Sanction of Refund order Pre-Audit Pre-audit of the manually processed refund applications is not required to be carried out, irrespective of the amount involved, till separate detailed guidelines are issued. Post-audit of the orders may howev ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
