GST Refunds – Manual Filing

GST Refunds – Manual Filing

As the portal GSTN is not ready so manual filing of GST Refunds has been enabled vide inserting rule 97A in CGST Rules 2017 vide NotfnNo. 55/2017 CT dt15.11.2017. The following types of GST Refunds are covered under manual filing viz., GST Refund of Excess balance in electronic cash ledger, Export of services with payment of tax, accumulated ITC in case of Export of goods/services without payment of accumulated ITC due to inverted tax structure, on supplies made to SEZ with payment of tax, accumulated ITC in case of supplies made to SEZ without payment of tax and on deemed exports.

 

The relevant provisions of GST Refunds have been complied and place below which I hope will be helpful for both trade as well as the departmental officers in filing/handling GST refund claims.

Section	54 of CGST Act, 2017
Rules	Rule 89 to 97A of CGST Rules, 2017
Procedural Circulars	Circular No. 17/17/2017 CST dt 15.11.2017 Circular No. 24/24/2017-GST dt 21.12.2017
Periodicity	For any tax period( monthly) (quarterly for those under 1.5 Cr)
Time limit	Before expiry of two years.
Relevant date	Ref. Sec 54(14) of CGST Act.
Minimum GST refund to be claimed	Rs.1000/-
Authority to whom before filed Central/State	Jurisdictional GST AC/DC
Payment of the sanctioned amount of GST Refund	The payment of sanctioned amount in respect of CGST/IGST/CESS shall be made by the Centre and SGST/UTGST shall be made by the respective States/UTs
Registers to be maintained by the jurisdictional officer	Three Registers: Table -1 : Receipt and Acknowledgement Table -2 : Deficiency memo, Provisional order, payment advice Table -3 : SCN, Sanction/Rejection Final Order
Things to keep in mind while filing for GST Refund	>Documentary evidence as listed in rule 89(2) shall accompany every claim >Return for the period must have been filed before filing the claim (GSTR 1, GSTR 3B) >Only one deficiency memo shall be issued >Resubmission of claim on receipt of deficiency memo shall be treated as new one, however the ARN and debit entry generated earlier shall be used

Types of GST Refund (Categories covered)		Procedure for filing	Document/ Statement to be attached with GST Refund Application	Procedure to be followed by the GST dept for issue of GST Refund
Supply of goods on payment of IGST to SEZ		1) RFD01A to be filed manually	1) Declaration –rule 89(2)(f)(non availment of ITC by receiver) 2)Self Declaration –rule 89(2)(l) (unjust enrichment) 3) Declaration to the effect that no prosecution initiated for last 5 years	1) On ascertaining the completeness in all respects, the acknowledgement in Form RFD -02 shall be issued within 15 days from the date of filing the claim (Otherwise deficiency memo in Form RFD -03 shall be issued) 2) If the application is not filed afresh within 30 days of receipt of deficiency memo order shall be passed in Form PMT-03 and re credit of the amount claimed shall be done through Form RFD -01B 3) Provisional refund (90%) order in RFD – 04 shall be passed within 7 days of acknowledgement. 4) Payment advice to be issued in Form RFD -05 5)Notice for rejection of refund to be issued in Form RFD – 08 6)Refund sanction / rejection order to be issued in Form RFD -06 within 60 days 7)Order for complete adjustment/withholding of sanctioned refund to be issued in Form RFD- 07
Export of services on payment of IGST		1) RFD01A to be filed manually	1) Statement containing details of Invoices and relevant BRC/FIRC 2) Declaration to the effect that no prosecution initiated for last 5 years.
Supply of services on payment of IGST to SEZ		1) RFD01A to be filed manually	1) Declaration –rule 89(2)(f)(non availment of ITC by receiver) 2)Self Declaration –rule 89(2)(l) (unjust enrichment) 3) Declaration to the effect that no prosecution initiated for last 5 years.
GST Refund of unutilized ITC used in making zero rated supplies of goods/services for export and to SEZ		1) RFD01A to be filed in portal 2) ARN to be generated as proof for debit entry in credit ledger. 3) RFD01A to be filed manually along with ARN generated	1)Declaration under second proviso to sec. 54(3) –(goods not subjected to export duty, Non availment of drawback on goods/services) 2)Declaration under sec.54(3)(ii) 3) Statement 3A(rule 89(4)) –in case of exports Statement 5A(rule 89(4) – in case of supplies to SEZ 4) Statement containing shipping bill wise details of goods exported 5) In case of services statement containing details of Invoices and relevant BRC/FIRC 6) Declaration to the effect that no refund is claimed against the invoices involved in the claim 7) Declaration to the effect that no prosecution initiated for last 5 years.
GST Refund claim arising due to inverted duty structure (accumulated ITC)	1) RFD01A to be filed in portal 2) ARN to be generated as proof for debit entry in credit ledger. 3) RFD01A to be filed manually along with ARN generated		1) Statement -1(rule 89(5)) 2) Statement 1A(rule 89(2)(h)) 3)Declaration to the effect that no refund is claimed against the invoices involved in the claim 4) Declaration to the effect that no prosecution initiated for last 5 years
GST Refunds on accounts of deemed exports	1) RFD01A to be filed manually		1) Statement -5B(rule 89(2)(g)) 2) Declaration (rule 89(2)(g)) by supplier or receiver as the case may be with “Undertaking” 3) Declaration to the effect that no prosecution initiated for last 5 years
GST Refunds on balance in electronic cash ledger	1) RFD01A to be filed in portal 2) ARN to be generated as proof for debit entry in credit ledger. 3) RFD01A to be filed manually along with ARN generated		1) Declaration to the effect that no prosecution initiated for last 5 years

 Formula for GST Refund

GST Refund amount in case of zero rated supply of goods/services or both (rule 89(4):

 Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of  services) x Net ITC ÷Adjusted Total Turnover

 Where,-

 (A) “Refund amount” means the maximum refund that is admissible;

(B) “Net ITC” means input tax credit availed on inputs and input services during the relevant period;

(C) “Turnover of zero-rated supply of goods” means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking;

 (D) “Turnover of zero-rated supply of services” means the value of zero-rated supply of services made without payment of tax under bond or letter of undertaking, calculated in the following manner, namely:-

 Zero-rated supply of services is the aggregate of the payments received during the relevant period for zero-rated supply of services and zero-rated supply of services where supply has been completed for which payment had been received in advance in any period prior to the relevant period reduced by advances received for zero-rated supply of services for which the supply of services has not been completed during the relevant period;

(E) “Adjusted Total turnover” means the turnover in a State or a Union territory, as defined under clause (112) of section 2, excluding the value of exempt supplies other than zero-rated supplies, during the relevant period;

(F) “Relevant period” means the period for which the claim has been filed.

GST Refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula (rule 89(5)–

Maximum Refund Amount = {(Turnover of inverted rated supply of goods) x Net ITC ÷ Adjusted Total Turnover} – tax payable on such inverted rated supply of goods

 Explanation.- For the purposes of this sub rule, the expressions “Net ITC” and “Adjusted Total turnover” shall have the same meanings as assigned to them in sub-rule (4) of rule 89.