GST Refund Claim
GST Refund Claim
Processing of timely GST refunds will help businesses and facilitate trade through the release of blocked working capital funds. Under GST, a standardized system has been setup for making GST refund claims. The entire GST refund claim and processing is done online on the GST Portal. In this article, we look at when GST refund can be claimed by taxpayers.
When GST Refund Can Be Claimed?
A GST refund claim can arise on account of:
- Export of goods or services.
- Supplies to SEZs units and developers.
- Deemed exports.
- Refund of taxes on purchase made by UN or embassies etc.
- Refund arising on account of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any court.
- Refund of accumulated Input Tax Credit on account of inverted duty structure other than Nil rated or fully exempt supplies.
- Finalisation of provisional assessment.
- Refund of pre-deposit.
- Excess payment due to mistake.
- Refunds to International tourists of GST paid on goods in India and carried abroad at the time of their departure from India.
- Refund on account of issuance of refund vouchers for taxes paid on advances against which, goods or services have not been supplied.
- Refund of CGST & SGST paid by treating the supply as intra-State supply which is subsequently held as inter-State supply and vice versa.
Time Limit for Filing GST Refund Request
Under GST, all GST refund claims must be filed within 2 years from the relevant date. If the claim is in order, the refund has to be sanctioned within a period of 60 days from the date of receipt of the claim. Interest on the withheld refund is paid at the rate of 6%. Interest on the delayed refund (beyond 60 days, arising from order of authority/ court) is paid at 9% per annum.
GST Refund Claim on Exports
One of the major categories under which, claim for GST refund arises is export. Exports (whether of goods or services) as well as supplies to SEZs have been categorised under GST as Zero-Rated Supplies. Because the supply is zero-rated, the supplier can claim refund of input tax credit paid.
Currently, exporters can claim refund on zero-rated supplies under two options. Either the exporter can export under Bond/ LUT and claim refund of accumulated Input Tax Credit or he may export on payment of integrated tax and claim refund. However, both the methods and delays in processing GST refunds have adversely impacted the working capital cycle of many businesses. Hence, the Government has announced the creation of a e-wallet facility for exporters to quicken and streamline the GST refund process.
Chartered Account Certificate for GST Refund
If a GST refund claim is less than Rs. 2 Lakhs, then a self-declaration of the applicant must be submitted to the effect that the incidence of tax has not been passed to any other person along with other documents listed below.
Documents Required for GST Refund
The following documents must be submitted for GST refund claim:
GST Refund for Exports
If a refund claim is made on account of exports or supply to SEZ, the relevant invoice pertaining to the transaction must be submitted. Along with the invoice, a statement containing the number and date of shipping bills or bills of export and the number and the date of the relevant export invoices, in a case where the refund is on account of export of goods must also be provided.
In case of GST refund on account of export of services, along with the tax invoices, the relevant bank realisation certificates evidencing receipt of payment in foreign currency is also required to be submitted.
GST Refund for Supply to SEZ
If a GST refund claim is made by the supplier to an SEZ unit, an endorsement from the Proper Officer evidencing receipt of such goods/ services in the SEZ should be submitted along with the tax invoice. Further, a declaration is also required from the SEZ unit to the effect that they have not availed input tax credit of the tax paid by the supplier. If the claim is for
GST Refund for Accumulated Input Tax Credit
If the GST refund claim is for accumulated input tax credit, only a statement containing invoice details as prescribed in the GST refund rules must be submitted.
Its important to note that no refund of unutilised input tax credit will be allowed on CGST and IGST paid, in case of supply of services for construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly.
Also, no refund of unutilised input tax credit will be allowed for CGST and IGST, where the credit has accumulated on account of GST rate of tax on inputs being higher than the rate of tax on output supplies.
GST Refund on Account of Order
In case of claim of GST refund on account of any order or judgment of appellate authority or court, the reference number of the order giving rise to refund should be given along with the relevant tax invoices.