GST Refund

Refund for Zero Rated Supply to SEZ unit/Developer without GST payment

Goods and Services Tax - As per Section 16(1) of the IGST Act 2017, the Supplies to SEZ are treated as zero-rated supply thereby the supplier supplying goods or services cannot charge GST to SEZ....

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Madras High Court- Allowed refund of unutilized ITC for zero-rated supplies effected by an SEZ unit

Goods and Services Tax - Hon’ble High court in the instant case held that there is no merit in the impugned order passed by the authorities denying the benefit of refund of unutilized input tax credit of zero rated supplies effected by the petitioner. Hence, the petition has been allowed together with consequential relief and above observations....

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GST Refund in case of Input Services

Goods and Services Tax - GST Refund is only available if it is the case of zero rated supply or in case rate of tax on input is higher than the rate of output supply. The term used in the second case is Input and not Input services. This means, that by this section no refund of input services can be made when rate of of tax on input services is higher than the ra...

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Recent Updates In GST till 11.03.2022

Goods and Services Tax - Now that election results of five state assemblies which went to polls is February – March, 2022 have been announced with BJP winning four states, while one going to AAP party for the first time. These results reflects that there is going to be stability in policy making and Governance which will only be beneficial […]...

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Availment, utilisation and refund eligibility of ITC on capital goods on rendering of zero-rated supplies

Goods and Services Tax - Availment, utilisation and refund eligibility of ITC on capital goods on rendering of zero-rated supplies by taxpayers registered as Regular or EOU/STPI/SEZ/HTP etc.: Brief background: Goods and Services Tax law provides specific mechanism to claim refund of tax paid on zero-rated supplies or refund of unutilized input tax credit ‘ITC...

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Instructions for enabling Internal Control Mechanism for Refunds in GST

Goods and Services Tax - Processing of Refund application of tax amount of more than Rs 2 Crore:- All the refund applications where the applicant has claimed more than Rs 2 Crore of total tax amount, the application shall be processed at the Ward level by the ETO-cum-Proper Officer and Tax Inspector in accordance with the provisions of the law and the instruct...

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IFSC code Changes – Update Bank details on GSTN Portal & GST Refund Application

Goods and Services Tax - Important GST Update IFSC of below 8 banks are changed due to merger. Taxpayers may update their Bank Account details through non-core Amendments and update refund application, in case failed due to validation error sent by PFMS. List of Banks – 1. Dena Bank, 2. Vijaya Bank, 3. Corporation Bank, 4. Andhra Bank, 5. Syndicate […]...

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CBIC provides facilitation for exporters having IGST refund issues

Goods and Services Tax - CBIC has extended the time limit for sanction of pending IGST refunds in such cases where records have not been transmitted to ICEGATE due to GSTR1 and GSTR3B mismatch error....

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53 Associations submits representation on issues in GST

Goods and Services Tax - 53 GST and Trade Associations, under the banner of the ‘All India Joint Representation Committee for GST’, have come together, to submit a joint representation to the Union Finance Minister, Smt.Nirmala Sitharaman, on various relaxations which are required in GST to ease the suffering of businesses as well as meet the emergent...

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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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Refund of accumulated IGST – Zero Rated Supply

ATC Tires Private Limited Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court) - ATC Tires Private Limited Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court) The purpose of granting refund on zero rated supply is to ensure that the exports are competitive in the international market and such transactions are not burdened with taxes. The export by the...

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VAT refund after 01.07.2017 must be Processed Under Section 142 (3) of CGST Act, 2017: HC

Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court) - Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court) Under Section 142(3) of CGST Act, 2017, it is provided that, every claim for refund filed by any person before, on or after the appointed day (i.e. 01.07.2017), for refund of any amount of CENVAT credit, duty, tax, int...

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7% statutory Interest payable on delayed GST Refund

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) - SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) At the outset, Mr. Choudhary, the learned counsel submitted that during the pendency of the present writ application, the refund of IGST of Rs.7,69,093/- has been sanctioned and paid to the writ...

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HC directed Competent Authority to deposit amount of GST refund directly in bank account of assessee

Hardik Textiles Through Its Prop. Hardik Patel  (Gujrat High Court) - Hardik Textiles Through Its Prop. Hardik Patel  (Gujrat High Court) It is not in dispute that due to the mistake of the consultant engaged by the petitioner, the amount has been deposited in the wrong account. The bank details are to be entered under RFD-05. The petitioner also did not raise the gr...

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Interest payable on GST refund after 60 days from the date of receipt of application

Parekh Plastichem Distributors LLP Vs Union of India (Gujarat High Court) - Parekh Plastichem Distributors LLP Vs Union of India (Gujarat High Court) The plain reading of Section-56 of the Act would indicate that if any tax, which is ordered to be refunded under Sub-section (5) of Section-54 to any applicant, is not refunded within sixty days from the date of receipt of the...

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Clarification on refund of GST wrongfully collected & paid

Letter No. GST/2021-22/36/Commercial Tax - (20/04/2022) - Refund under section 77 of the UPSGST Act / section: 19 of the IGST Act would not be available where the taxpayer has made tax adjustment through issuance of Credit note under section 34 of the UPSGST Act in respect of the said transaction'...

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Specific Compliance Audit on Refunds under GST- Instructions

Circular CCT's Ref No: BII (3)/104/2021 - (22/02/2022) - AG Audit - Draft Subject Specifiable Compliance Audit report on 'Refunds  Under Goads and service tax purposed for Inclusion in the Audit report  of the Comptroller end Auditor General of India for the year ended 31st march,2020 (Revenue Sector)-Instruction issued-...

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CBIC setup GST Refund Help Desk

Press Release No. 523 - (17/02/2022) - Setup of ‘GST Refund Help Desk’ in the office of Pr. CCA, CBIC 1. The office of Pr. CCA, CBIC has setup a ‘GST Refund Help Desk’ for addressing payment related problems faced by the taxpayers. Contact details of the Help Desk is as under: Name of Nodal Officer     : Ms Anita Rawat, A...

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Instructions for enabling Internal Control Mechanism for Refunds in GST

Memo No. 193/GST- II - (15/02/2022) - Processing of Refund application of tax amount of more than Rs 2 Crore:- All the refund applications where the applicant has claimed more than Rs 2 Crore of total tax amount, the application shall be processed at the Ward level by the ETO-cum-Proper Officer and Tax Inspector in accordance with th...

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GST refund filing Mechanism for taxpayers registered in erstwhile UT of Daman & Diu

Circular No. 168/24/2021-GST - (30/12/2021) - CBIC notifies Mechanism for filing of refund claim by the taxpayers registered in erstwhile Union Territory of Daman & Diu for period prior to merger with U.T. of Dadra & Nagar Haveli vide Circular No. 168/24/2021 – GST Dated: 30th December, 2021. Mechanism for filing of refund claim b...

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Recent Posts in "GST Refund"

Refund for Zero Rated Supply to SEZ unit/Developer without GST payment

As per Section 16(1) of the IGST Act 2017, the Supplies to SEZ are treated as zero-rated supply thereby the supplier supplying goods or services cannot charge GST to SEZ....

Read More

Madras High Court- Allowed refund of unutilized ITC for zero-rated supplies effected by an SEZ unit

Hon’ble High court in the instant case held that there is no merit in the impugned order passed by the authorities denying the benefit of refund of unutilized input tax credit of zero rated supplies effected by the petitioner. Hence, the petition has been allowed together with consequential relief and above observations....

Read More

Refund of accumulated IGST – Zero Rated Supply

ATC Tires Private Limited Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court)

ATC Tires Private Limited Vs Joint Commissioner of GST & Central Excise (Appeals) (Madras High Court) The purpose of granting refund on zero rated supply is to ensure that the exports are competitive in the international market and such transactions are not burdened with taxes. The export by the petitioner from its SEZ unit in [&helli...

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GST Refund in case of Input Services

GST Refund is only available if it is the case of zero rated supply or in case rate of tax on input is higher than the rate of output supply. The term used in the second case is Input and not Input services. This means, that by this section no refund of input services can be made when rate of of tax on input services is higher than the ra...

Read More

Clarification on refund of GST wrongfully collected & paid

Letter No. GST/2021-22/36/Commercial Tax 20/04/2022

Refund under section 77 of the UPSGST Act / section: 19 of the IGST Act would not be available where the taxpayer has made tax adjustment through issuance of Credit note under section 34 of the UPSGST Act in respect of the said transaction'...

Read More

VAT refund after 01.07.2017 must be Processed Under Section 142 (3) of CGST Act, 2017: HC

Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court)

Rainbow Stones Private Limited Vs Assistant Commissioner (ST) (Madras High Court) Under Section 142(3) of CGST Act, 2017, it is provided that, every claim for refund filed by any person before, on or after the appointed day (i.e. 01.07.2017), for refund of any amount of CENVAT credit, duty, tax, interest or any other amount paid […...

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7% statutory Interest payable on delayed GST Refund

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court)

SNG Impex Through Proprietor Satya Narayan Gupt Vs Principal Commissioner of Customs (Gujarat High Court) At the outset, Mr. Choudhary, the learned counsel submitted that during the pendency of the present writ application, the refund of IGST of Rs.7,69,093/- has been sanctioned and paid to the writ applicant by way of a cheque. However, ...

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HC directed Competent Authority to deposit amount of GST refund directly in bank account of assessee

Hardik Textiles Through Its Prop. Hardik Patel  (Gujrat High Court)

Hardik Textiles Through Its Prop. Hardik Patel  (Gujrat High Court) It is not in dispute that due to the mistake of the consultant engaged by the petitioner, the amount has been deposited in the wrong account. The bank details are to be entered under RFD-05. The petitioner also did not raise the grievance immediately and […]...

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Interest payable on GST refund after 60 days from the date of receipt of application

Parekh Plastichem Distributors LLP Vs Union of India (Gujarat High Court)

Parekh Plastichem Distributors LLP Vs Union of India (Gujarat High Court) The plain reading of Section-56 of the Act would indicate that if any tax, which is ordered to be refunded under Sub-section (5) of Section-54 to any applicant, is not refunded within sixty days from the date of receipt of the application under Sub-section […...

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HC allows Refund of unutilized ITC accumulated on account of inverted tax structure on Bulk Gas

Shivaco Associates Joint Commissioner of State Tax (Calcutta High Court)

Shivaco Associates & Anr. Vs Joint Commissioner of State Tax, (Calcutta High Court) The petitioners claim refund in accordance with Section 54(3) of the CGST Act, 2017 on the ground that credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies. Admittedly, the rate of […]...

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