Page 310 - CA Final GST
P. 310

Badlani Classes




                                 1.   Goods exported out of India where a refund of tax paid is available in respect
                                      of goods themselves or, as the case may be, the inputs or input services used in
                                      such goods.
                                 (i)   if the goods are exported by sea or air   the date on which the ship or the
                                                                            aircraft in which such goods are
                                                                            loaded, leaves India;
                                 (ii)   if the goods are exported by land   the  date  on  which  such  goods
                                                                            pass the frontier;
                                 (iii)  if the goods are exported by post   the date of dispatch of goods by
                                                                            the  Post  Office  concerne3d  to  a
                                                                            place outside India;
                                 2.   Supply  of  goods  regarded  as  deemed  the  date  on  which  the  Return
                                      exports  where  a  refund  of  tax  paid  is  relating to such deemed exports
                                      available in respect of the goods     is furnished;
                                 3.   Services exported out of India where a refund of tax paid is available in respect
                                      of services themselves or, as the case may be, the inputs or input services used
                                      in such services and
                                 (i)   the  supply  of  services  had  been  the date of receipt of payment in
                                      completed  prior  to  the  receipt  of  such  convertible foreign exchange
                                      payment
                                 (ii)   payment  for  the  services  had  been  the date of issue of invoice
                                      received in advance prior to the date of
                                      issue of the invoice
                                 4.   Where the tax becomes refundable as a  the  date  of  communication  of
                                      consequence of judgment, decree, order  such judgment, decree, order or
                                      or direction of the Appellate Authority,  direction;
                                      Appellate Tribunal or any court
                                 5.   Refund of unutilized input tax credit u/s  the  end  of  the  financial  year  in
                                      54(3)                                 which  such  claim  for  refund
                                                                            arises;
                                 6.   Where tax is aid provisionally under this  the  date  of  adjustment  of  tax
                                      Act or the rules made there under     after   the   final   assessment
                                                                            thereof;
                                 7.   A person, other than the supplier     the  date  of  receipt  of  goods  or
                                                                            service  or  both  by  such  person,
                                                                            and
                                 8.   Other cases                           the date of payment of tax.
                                    (ii)  Documentary evidences are required to be furnished to establish that a refund
                                         is due to the applicant, and the incidence of such tax and interest had not been
                                         passed on to any other person.

                                         However, where refund claim is less than `2,00,000 documentary evidences are
                                         not required, but certification is required from such person that the incidence of
                                         such tax and interest had not been passed on to any other person.
                                                                                                                  Page309
                                    (iii) If the proper officer is satisfied that refund is admissible, he may make refund
                                         order within 60 days from the date of receipt of application and the amount so



                                   Central Goods & Services Tax Act, 2017
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