Page 315 - CA Final GST

Badlani Classes

(ii) the turnover of supplies in respect of which refund is claimed under Rule
89(4A) or 4(B) or both, if any, during the relevant period.
Time Limit for making refund application A person claiming refund is required
to file an application before the expiry of 2 years from the relevant date. The term
‘relevant date’ as explained in the Explanation to section 54 of the CGST Act, inter
alia, stipulates that in case of refund of unutilized ITC on account of inverted duty
structure the relevant date is the end of the financial year in which such claim for
refund arises.

Amount refunded as ITC to be debited in electronic credit ledgerWhere the
application relates to refund of input tax credit, the electronic credit ledger shall be
debited by the applicant by an amount equal to the refund so claimed [Rule 89(3) ]
Provisional Refund
Sec 54(6) Provisional refund of 90% of the amount claimed in case of zero-rated supply of
goods or services or both The proper officer may, in the case of any claim for refund on

account of zero-rated supply of goods or services or both made by registered person, other
than notified category of registered person refund on a provisional basis, 90% of the total

amount so claimed, excluding the amount of input tax credit provisionally accepted, and
thereafter make an order for final settlement of the refund claim after due verification of
documents furnished by the applicant.

The provisional refund shall be granted subject to the condition that the person
claiming refund has, during any period of 5 years immediately preceding the tax

period to which the claim for refund relates, not been prosecuted for any offence
under the Act or under an existing law where the amount of tax evaded exceeds `2.5

crores.
Refund To Special Person

Sec 55 The government may, on the recommendations of the Council, by notification, specify-
➢ any specialized agency of the United nations organization, or
➢ any Multilateral Financial Institution and Organisation notified under the
United Nations (Privileges and Immunities ) Act, 1947.
➢ Consulate or Embassy of foreign countries, and
➢ any other person or class of person as may be specified in this behalf.
who shall, subject to such conditions and restrictions as may be prescribed, be
entitled to claim a refund of taxes paid on the notified supplies of goods or services
or both received by them.

Time Limit for filing refund claim The above mentioned person may make an
application for such refund, in such form and manner as may be prescribed, once in
every quarter, but before the expiry of 6 month from the last day of the quarter in
which such supply was received [Section 54(2)] Page314

Central Goods & Services Tax Act, 2017