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TMI BlogProcedure relating to sanction, post-audit and review of refund claimsX X X X Extracts X X X X X X X X Extracts X X X X ..... ub-section (2) of section 107 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as CGST Act ) which provides that the Commissioner may review any decision or order, including an order of refund, with respect to its legality or propriety and he may direct any officer subordinate to him to file an appeal against the said decision or order within 6 months of the date of communication of the said decision or order. Reference is further drawn to entry against the subject pre-audit in table under para 3.3 of the Circular 17/17/2017-GST dated 15.11.2017 wherein it has been stated that pre-audit of refund orders is not required to be carried out but the post-audit of the refund orders may, however, continue on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jection of refund. Therefore, while passing the refund sanction order in FORM GST RFD-06 , the proper officer should also upload a detailed speaking order along with refund sanction order in FORM GST RFD-06. In order to ensure uniformity in issuance of such speaking order, it is clarified that such speaking order should inter alia contain the following details: A. Details for all category of refund claims: a) The period for which refund claim has been filed, date of filing the category in which refund has been claimed. b) Whether it has been checked that refund claim for the same period has not been filed in the same category including any claim filed under 'Any Other' Category. c) Details of Deficiency Memo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 54(4) of CGST Act , certifying/ establishing not passing burden of tax, in respect of which refund is being claimed, on any other person. B. Additional details in case of the refund of accumulated ITC (on account of zero-rated supplies/ inverted rated structure) and refund of IGST paid on account of zero-rated supplies: a) Whether the refund amount claimed has been debited from the electronic credit ledger, in terms of sub-rule (3) of rule 89 of CGST Rules. b) In case of refund of IGST paid on account of zero-rated supplies, whether the amount of IGST has been paid through GSTR-3B return. c) Whether the calculation given by the applicant of export/ zero-rated turnover, adjusted aggregate turnover, turnover o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll/ bill of exports, where ever applicable, have been verified from the ICEGATE portal. l) In case of refund on account of export of services, whether the claimant has furnished the BRC/FIRC/ other relevant documents evidencing receipt of export remittances in respect of zero-rated services for which refund is being claimed. m) In case of refund on account of zero-rated supply by DTA to SEZ, whether the said supply is meant for authorized operations on the basis of Letter of Authorisation (LoA). Further, whether the details of supply by the applicant to the SEZ have been cross checked from the SEZ Online portal. n) Whether the documents pertaining to zero-rated supply to SEZ have been endorsed by the specified/authorized offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ledger, wherever required. 2.1.2 It is mentioned that ACES-GST portal provides the facility for uploading a document in pdf format along with the FORM GST RFD-06 order. The same may be utilized by proper officer for uploading the speaking order along with refund sanction order in FORM GST RFD-06 so that the same is made available to the refund applicant as well as Post-audit/Reviewing Authority online. 2.2 Post-Audit and Review: 2.2.1 Sub-section (2) of section 107 of the CGST Act provides that the Commissioner may examine any decision or order, including an order of refund, with respect to its legality or propriety and he may direct any officer subordinate to him to file an appeal against the said decision or order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been decided that post-audit may henceforth be conducted only for refund claims amounting to Rs. 1 Lakh or more till further instructions. 2.2.4 The post-audit and review of the refund claims shall be conducted as per the following guidelines: (a) All the refund orders passed should be immediately transmitted online to the review module after issuance of refund order in FORM GST RFD-06 . The review and post- audit officers shall have access to all documents/ statements on ACES-GST portal pertaining to the said refund claims. (b) For the purpose of post-audit of refund order, a Post-Audit Cell under a Deputy/Assistant Commissioner along with one/ two Superintendents and Inspectors as required, may be created in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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