GST Refund

Amendments in GST refund Law by Notification No. 16/2020

Goods and Services Tax - Recent Amendments in refund Provisions: As inserted by Notification No. 16/2020 dated 23rd March, 2020. Brief Understanding of Provisions As per Section 16(1) of IGST Act, 2017, exports of goods or services or both and supplies of goods or services or both to SEZ are zero rated supplies. This means that there is no burden […]...

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Time period to pass GST refund order extended | section 54(7) | CGST Act 2017

Goods and Services Tax - CBIC extends the time period to pass refund order under section 54(7) of CGST Act- Notification No. 46/2020-central tax dated 09th June, 2020 [The said Notification shall come into force w.e.f. 20th day of March, 2020]  Refund Order under GST As you are aware that Section 54(5) of CGST Act, 2017 provides that- “If, on […]...

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All about GST Refunds | A Reference Manual | Version 2.0 | 1st July 2020

Goods and Services Tax - All about GST Refunds | A Reference Manual | Version 2.0 | 1st July 2020 is issed by DGTS – CBIC, Bengaluru & CGST (GST), Bengaluru Zone. The information in this Reference Manual is intended only to provide a general overview and is not intended to be treated as legal advice or opinion. For greater […]...

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Refund Under GST – Status of Application

Goods and Services Tax - With the Covid 19 situation changing the dynamics of business huge reliance is placed by the taxpayers on the refunds available under the various laws. GST being no exception is also flooded with applications for refunds specially as for many MSMEs working capital tied up in refund is a huge challenge. However as the entire […]...

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Refund of Accumulated ITC under GST

Goods and Services Tax - Section 54(3) of the CGST Act, 2017 has allowed certain Category of Persons to claim Refund of Accumulated Input Tax Credits subject to certain conditions and restrictions. Rule 89 of the CGST Rules, 2017 has prescribed that such Refund application shall be filed in Form GST RFD-01A. Circular No. 79/53/2018-GST dated 31.12.2018 has made i...

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GST Refund Scam- Beware of Fake Messages & Phishing

Goods and Services Tax - Taxpayers Beware !!! Please do not click on any fake link which promises to give refund. These are phishing messages and are not sent by CBIC or @Infosys_GSTN. Visit http://gst.gov.in  for online filings related to GST #IndiaFightsCorona #StaySafe...

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Safeguard yourself from fake messages on GST Refunds- GSTN Alerts

Goods and Services Tax - It has been observed that some fraudulent messages are being circulated on WhatsApp, Email and SMS, claiming to process GST refund. It clearly shows that some miscreants have started to take undue advantage of Covid-19 crisis, by sending out fake messages with phishing links. One such link takes to a portal claimed to have been developed ...

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Extension for submission of LUT for 2020-21, GST TDS, Refund claim

Goods and Services Tax - Extension for submission of LUT for 2020-21 Notification No. 37/2017-Central Tax, dated 04.10.2017, requires LUT to be furnished for a financial year. However, in terms of notification No. 35/2020-Central Tax dated 03.04.2020, where the requirement under the GST Law for furnishing of any report, document, return, statement or such other r...

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Racket busted of firms falsely claiming GST refund against ITC

Goods and Services Tax - A large number of proprietorship / partnership firms registered with Gautam Buddha Nagar and other Commissionerates of Delhi NCR which were apparently connected and had claimed huge amount of refunds against accumulated Input Tax Credit (ITC) on account of inverted tax structure and Zero-rated supply of Goods were identified....

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Case registered for fraudulently claiming IGST refunds

Goods and Services Tax - DGGI (Hqrs.) booked a case on 06.03.2020 against M/s Aastha Apparels Pvt Ltd & others. Aforesaid companies have fraudulently claimed IGST refunds on export of goods to the tune of more than Rs. 61 Crores....

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GST Refund cannot be withheld for ‘Want of Cross-Verification Details’

ACC Limited Vs Asst Commissioner CT (Telangana High Court) - In our opinion, this action of the respondents is also violative of Art.14,19,265 and 300-A of the Constitution of India. The respondents cannot be permitted to take advantage of their own negligence, assuming that the Demand drafts handed over by the petitioner, were not presented and encashed by t...

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Interest from shipping bill date allowed in case of serious delay in effecting refunds

Akay Flavours & Aromatics Pvt. Ltd. Vs CBIC (Kerala High Court) - In case of serious delay in effecting the refunds under GST Act, GST Authority to pay IGST refund alongwith interest from date of shipping bill after following due procedure....

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IGST refund cannot be denied for clerical error in shipping bills; HC ask dept to look into the issue

Heavy Metal and Tubes (India) Pvt Ltd. Vs Principal Commissioner of Customs (Gujarat High Court) - उrievance of the writ-applicant is that -authorities are not responding to request with regard to the sanction of refund of IGST paid in connection with the goods exported,...

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No IGST liability on ocean freight and hence collected IGST will be refunded

Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) - Gokul Agro Resources Ltd. Vs Union of India (Gujarat High Court) In the given case the HC have reached to the conclusion that no tax is leviable under the Integrated Goods and Services Tax Act, 2017, on the ocean freight for the services provided by a person located in a non-taxable territory by way...

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Non- granting of credit of ITC to electronic credit ledger: HC directs GST Authorities to take appropriate decision

Red Coin Paper Product Vs Deputy Commissioner of State Tax (Gujarat High Court) - Red Coin Paper Product Vs Deputy Commissioner of State Tax (Gujarat High Court) According to the writ applicant, the inaction on the part of the authority in not granting credit of input tax credit to the electronic credit ledger even after rejection of the refund claimed for the period of May, 201...

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Period to pass GST refund order extended

Notification No. 56/2020-Central Tax [G.S.R. 417(E).] - (27/06/2020) - Seeks to amend notification no. 46/2020-Central Tax in order to further extend period to pass order under Section 54(7) of CGST Act till 31.08.2020 or in some cases upto fifteen days thereafter vide Notification No. 56/2020-Central Tax Dated 27th June, 2020. Section 54(7) of CGST Act provides that f...

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GST Refund of accumulated ITC for invoices not reflected in GSTR-2A

Circular No. 139/09/2020-GST - (10/06/2020) - CBIC clarifies that Circular No. 135/05/2020­GST dated 31st March, 2020 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 that the treatment...

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Period to pass order on GST refund application extended

Notification No. 46/2020 –Central Tax/G.S.R. 361(E) - (09/06/2020) - Section 54(7) of CGST Act provides that final order in GST refund cases shall be issued within sixty days from the date of receipt of application complete in all respects  but considering Pandemic CCovid-19 CBIC notified that  If GST refund order date falls between 20th March to 29th June 2020 in ...

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Challenges in implementation of GST provisions – CBIC clarifies

Circular No. 137/07/2020-GST - (13/04/2020) - CBIC vide Circular No. 137/07/2020-GST has clarified on GST refund if GST has been paid but subsequently Service contract cancelled or goods supplied been returned, Date of TCS Payment, Submission Date of LUT for Financial Year 2020-21, Application for such refund of GST for which two years were exp...

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Implementation of decision to expedite pending GST refund claims

Instruction No. 2/1/2020-GST - (09/04/2020) - Decision to process pending refund claims has been taken with a view to provide immediate relief to the taxpayers in these difficult times even though the GST Law provides 15 days for issuing acknowledgement or deficiency memo and total 60 days for disposing off refund claims without any liability t...

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Recent Posts in "GST Refund"

Amendments in GST refund Law by Notification No. 16/2020

Recent Amendments in refund Provisions: As inserted by Notification No. 16/2020 dated 23rd March, 2020. Brief Understanding of Provisions As per Section 16(1) of IGST Act, 2017, exports of goods or services or both and supplies of goods or services or both to SEZ are zero rated supplies. This means that there is no burden […]...

Read More

Time period to pass GST refund order extended | section 54(7) | CGST Act 2017

CBIC extends the time period to pass refund order under section 54(7) of CGST Act- Notification No. 46/2020-central tax dated 09th June, 2020 [The said Notification shall come into force w.e.f. 20th day of March, 2020]  Refund Order under GST As you are aware that Section 54(5) of CGST Act, 2017 provides that- “If, on […]...

Read More

All about GST Refunds | A Reference Manual | Version 2.0 | 1st July 2020

All about GST Refunds | A Reference Manual | Version 2.0 | 1st July 2020 is issed by DGTS – CBIC, Bengaluru & CGST (GST), Bengaluru Zone. The information in this Reference Manual is intended only to provide a general overview and is not intended to be treated as legal advice or opinion. For greater […]...

Read More

Period to pass GST refund order extended

Notification No. 56/2020-Central Tax [G.S.R. 417(E).] (27/06/2020)

Seeks to amend notification no. 46/2020-Central Tax in order to further extend period to pass order under Section 54(7) of CGST Act till 31.08.2020 or in some cases upto fifteen days thereafter vide Notification No. 56/2020-Central Tax Dated 27th June, 2020. Section 54(7) of CGST Act provides that final order in GST refund shall be [&hell...

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Refund Under GST – Status of Application

With the Covid 19 situation changing the dynamics of business huge reliance is placed by the taxpayers on the refunds available under the various laws. GST being no exception is also flooded with applications for refunds specially as for many MSMEs working capital tied up in refund is a huge challenge. However as the entire […]...

Read More

Refund of Accumulated ITC under GST

Section 54(3) of the CGST Act, 2017 has allowed certain Category of Persons to claim Refund of Accumulated Input Tax Credits subject to certain conditions and restrictions. Rule 89 of the CGST Rules, 2017 has prescribed that such Refund application shall be filed in Form GST RFD-01A. Circular No. 79/53/2018-GST dated 31.12.2018 has made i...

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GST Refund – Detailed Discussion

Article explains Refund in GST, Type of Refund in the GST, Time limit for GST refund claim, Details of the circular issued by Department in relation to the GST refund, Scope of GST refund, Process for the GST refund as per CGST Act,2017, Provisional GST Refund, Interest in the GST refund and Other issue and […]...

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GST Refunds for Exporter of Services – 7 Controversies

In this article I will discuss – 7 controversies in GST refund for exporters of services. These are elaborated as below: – 1. Forex Receipt – FIRC / BRC In case of service exporters, GST refunds are available on the basis of receipt of convertible foreign exchange. And to evident the payment against export invoices, [&hellip...

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Clarification on GST Refund – ITC populated in GSTR 2A

Clarification related to processing of GST Refund – Restricted to ITC populated in GSTR 2A The Central Board of Indirect Taxes and Customs (CBIC) had issued Master Circular on Refunds No. 125/44/2019-GST dated 18.11.2019 rescinding all earlier circulars. Recently CBIC has issued Circular No 135/05/2020 – GST dated 31st March, 2020 cla...

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GST Refund of accumulated ITC for invoices not reflected in GSTR-2A

Circular No. 139/09/2020-GST (10/06/2020)

CBIC clarifies that Circular No. 135/05/2020­GST dated 31st March, 2020 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 that the treatment of refund of such ITC relating to [&hel...

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