GST Refund

Integrated GST Rebate denied To AA License Holders –The tale of tumult (Re-defined!)

Goods and Services Tax - You don’t pay taxes – they take taxes – Chris Rock The tale of the issue, ‘IGST rebate/refund to AA holder’ started from the judgment in the case of Watson Pharma Private Limited vs The Union of India (2018) and ended (not completely ended) on Gujarat High Court Judgement in the case of Cosmo Films […]...

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Belated refund applications can be filled legally in light of SC order’s on extension of period of limitation

Goods and Services Tax - Belated refund applications can be filled legally in light of SC order’s on extension of period of limitation Vide sou motu order dated 23.03.2020, Hon’ble Apex court of India extended the period of limitation for ‘CERTAIN’ proceedings w.e.f. 15th March 2020 till further orders. The sunset clause to this sine die order was...

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GST refunds – FEMA perspective

Goods and Services Tax - Export trade is regulated by the Directorate General of Foreign Trade (DGFT) and its regional offices, functioning under the Ministry of Commerce and Industry, Department of Commerce, Government of India. Policies and procedures required to be followed for exports from India are announced by the DGFT, from time to time. We are aware that,...

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How to claim Refund under Central Goods and Services Tax Act, 2017

Goods and Services Tax - HOW TO CLAIM REFUND UNDER GST: Section 54 of Central Goods and Services Tax Act, 2017 Under Article 265 of the Constitution of India which states, “No tax shall be levied or collected except by the authority of law”, so there must be a charging section in the accompanied law for the levy and collection […]...

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Co-Existence of Refunds-GST Law

Goods and Services Tax - The authority to refund the taxes in the GST provisions is found under section 54 of the CGST Act and section 16 of the IGST Act respectively. Before dwelling upon the deeper analytical discussion in these refund mechanisms, it would be appropriate first to have bare look upon relevant provisions as they stand; The provisions […]...

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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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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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IGST refund cannot be denied for higher rate of duty drawback claim

Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) - Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) It was held that the refund of the IGST paid on the exports cannot be denied on the ground that the higher rate of duty drawback is claimed and circulars are issued only to clarify the statutory provision and it cannot alter or [&h...

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Refund of Inverted Duty on Input Services: SC to hear on 28th April Finally

Union of India & Anr. Vs. The Quarry Owners Association & Ors. (Union of India) - Union of India & Anr. Vs. The Quarry Owners Association & Ors. (Union of India) SC held on the issue of ‘ Validity of Refund of Inverted Duty on Input Services’ held that Since a large number of petitions are pending in the various High Courts on the same issue, it is appropriate...

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Interest payable on delayed remittance of refund on account of IGST

TMA International Pvt. Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) - TMA International Pvt. Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) Thus, the only other question left for consideration is: as to whether the petitioners should be paid any interest for delayed remittance of refund on account of IGST? Mr. Samar Bansal, who appears on behalf of th...

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Sanction of GST refund struck due to mismatch between GST & ICEGATE portal data: HC

Rameswar Udyog Pvt. Ltd. Vs Union of India (Gujarat High Court) - Certain errors were made while furnishing the details outward supplies in the Form GSTR-1 on account of which there was a mismatch between the GST portal data and data on the ICEGATE customs portal and hence, the refund of the IGST was not granted for the month of July, 2017....

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GST Refund cannot be denied without issuing SCN

Navneet R. Jhanwar Vs State Tax Officer and others (Jammu and Kashmir High Court) - Navneet R. Jhanwar Vs State Tax Officer and others (Jammu and Kashmir High Court) Admittedly, the claim for refund was initially sought to be rejected by respondent No.1 on the ground that it was barred by limitation. Section 54 of the Act provides a period of two years for making an application for...

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GST refund issues & calculation of Adjusted Total Turnover clarified

Circulars No. GST-20/2020-21 - (26/03/2021) - Clarification in respect of refund claim by recipient of Deemed Export Supply, Extension of relaxation for filing refund claim in cases where zero-rated supplies has been wrongly declared in Table 3.1(a) and manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule 89 of KGST Rules...

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Clarification on GST refund & Adjusted total turnover calculation

Circular No. 147/03//2021-GST - (12/03/2021) - CBIC issues Clarification in respect of refund claim by recipient of Deemed Export Supply, Extension of relaxation for filing refund claim in cases where zero-rated supplies has been wrongly declared in Table 3.1(a) and The manner of calculation of Adjusted Total Turnover under sub-rule (4) of Rule ...

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Sanction of Pending IGST Refund – GSTR-I & GSTR-3B Mismatch Error

Public Notice No. 17/2021- JNCH - (27/02/2021) - Extension of Board's Circular No. 12/2018-customs dated 29.05.2018 for sanction of pending IGST refund claims where the records have not been transmitted to ICEGATE due to GSTR-I and GSTR- 3B mismatch error...

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CBIC allows Officer Interface on permanent basis with fees for resolving invoice mis-match errors

Circular No. 05/2021-Customs - (17/02/2021) - It has been decided as a measure of trade facilitation to keep the Officer Interface available on permanent basis to resolve such errors on payment of specified fee by the exporter. The exporter may avail the facility of correction of Invoice mis-match errors (error code SB-005) in respect of all pa...

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Sanction of IGST refund where records not transmitted to ICEGATE

Circular No. 04/2021-Customs - (16/02/2021) - Several representations are being received by the Board in respect of IGST refunds which are pending due to mis-match of data between GSTR- 1 & GSTR-3B. The resolution to the above problem was provided by the Board, as an interim measure, vide Circular No. 12/2018-Cus dated 29.05.2018 read with Circ...

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Recent Posts in "GST Refund"

Integrated GST Rebate denied To AA License Holders –The tale of tumult (Re-defined!)

You don’t pay taxes – they take taxes – Chris Rock The tale of the issue, ‘IGST rebate/refund to AA holder’ started from the judgment in the case of Watson Pharma Private Limited vs The Union of India (2018) and ended (not completely ended) on Gujarat High Court Judgement in the case of Cosmo Films […]...

Read More

Belated refund applications can be filled legally in light of SC order’s on extension of period of limitation

Belated refund applications can be filled legally in light of SC order’s on extension of period of limitation Vide sou motu order dated 23.03.2020, Hon’ble Apex court of India extended the period of limitation for ‘CERTAIN’ proceedings w.e.f. 15th March 2020 till further orders. The sunset clause to this sine die order was...

Read More

GST refunds – FEMA perspective

Export trade is regulated by the Directorate General of Foreign Trade (DGFT) and its regional offices, functioning under the Ministry of Commerce and Industry, Department of Commerce, Government of India. Policies and procedures required to be followed for exports from India are announced by the DGFT, from time to time. We are aware that,...

Read More

IGST refund cannot be denied for higher rate of duty drawback claim

Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court)

Real Prince Spintex Pvt. Ltd. Vs Union of India (Gujarat High Court) It was held that the refund of the IGST paid on the exports cannot be denied on the ground that the higher rate of duty drawback is claimed and circulars are issued only to clarify the statutory provision and it cannot alter or […]...

Read More

How to claim Refund under Central Goods and Services Tax Act, 2017

HOW TO CLAIM REFUND UNDER GST: Section 54 of Central Goods and Services Tax Act, 2017 Under Article 265 of the Constitution of India which states, “No tax shall be levied or collected except by the authority of law”, so there must be a charging section in the accompanied law for the levy and collection […]...

Read More

Co-Existence of Refunds-GST Law

The authority to refund the taxes in the GST provisions is found under section 54 of the CGST Act and section 16 of the IGST Act respectively. Before dwelling upon the deeper analytical discussion in these refund mechanisms, it would be appropriate first to have bare look upon relevant provisions as they stand; The provisions […]...

Read More

Is refund of unutilised ITC allowed when exporter claims higher rate of duty drawback?

Is refund of unutilized input tax credit allowed when the Assessee\Exporter claims higher rate of Duty Drawback with respect to goods manufactured in India and exported, during the GST transition period (July to September 2017)?...

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10 GST related measures Suggested for Relief during Covid 19

With the increased transmissibility, morbidity, mortality of the emerging P2 Corona Variant and its ability to evade detection by diagnostic tests and decreased susceptibility to antiviral drugs, this new variant has taken everyone with a major surprise and setback. The so-called night curfews are a kind of mini lockdowns impending to be ...

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Refund of Inverted Duty on Input Services: SC to hear on 28th April Finally

Union of India & Anr. Vs. The Quarry Owners Association & Ors. (Union of India)

Union of India & Anr. Vs. The Quarry Owners Association & Ors. (Union of India) SC held on the issue of ‘ Validity of Refund of Inverted Duty on Input Services’ held that Since a large number of petitions are pending in the various High Courts on the same issue, it is appropriate that we […]...

Read More

Interest payable on delayed remittance of refund on account of IGST

TMA International Pvt. Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court)

TMA International Pvt. Ltd. & Ors. Vs Union of India & Anr. (Delhi High Court) Thus, the only other question left for consideration is: as to whether the petitioners should be paid any interest for delayed remittance of refund on account of IGST? Mr. Samar Bansal, who appears on behalf of the petitioners, in support […]...

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