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TMI BlogProvisional refund to zero-rated supply of goods or services [section 54(6) of CGST Act read with rule 91 of CGST Rules]X X X X Extracts X X X X X X X X Extracts X X X X ..... and safeguards as may be prescribed and * thereafter make an order under section 54(5) of CGST Act for final settlement (Remaining 10%) of the refund claim after due verification of documents furnished by the applicant. * Explanation (ba) of Section 54 of CGST Act in case of zero-rated supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit where a refund of tax paid is available in respect of such supplies themselves, or as the case may be, the inputs or input services used in such supplies, the due date for furnishing of return under section 39 of CGST Act in respect of such supplies. Conditions, limitation and safeguards (Rule 91 of CGST Rules) * Condition - no offence during 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med to be accepted as soon as an acknowledgement for the same, bearing the Application reference number (ARN), is generated online * Grant within 7 days :- The proper officer, after scrutiny of the claim and the evidence submitted in support thereof and on being prima facie satisfied that the amount claimed as refund under rule 91(1) of CGST Rules is due to the applicant in accordance with the provisions of sub-section (6) of section 54, shall make an order in FORM GST RFD-04, sanctioning the amount of refund due to the said applicant on a provisional basis within a period not exceeding seven days from the date of the acknowledgement under rule 90(1) or (2) of CGST Rules. * The order issued in FORM GST RFD-04 shall not be required t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the strength of missing invoices (not reflected in FORM GSTR-2A) which were uploaded by the applicant along with the refund application on the common portal. However, vide Circular No.135/05/2020 - GST dated the 31st March, 2020, the refund related to these missing invoices has been restricted. Now, the refund of accumulated ITC shall be restricted to the ITC available on those invoices, the details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in the FORM GSTR-2A of the applicant. The aforesaid circular does not in any way impact the refund of ITC availed on the invoices / documents relating to imports, ISD invoices and the inward supplies liable to Reverse Charge (RCM supplies) etc.. It is hereby clarified th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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