On the lines of section 54 of the GST Act, under the residuary part of the definition of the relevant date, u/s 11B of the Central Excise Act 1944, a refund can not be applied after one year from the relevant date i.e. In any other case, the relevant date for refund of tax is the date of payment of tax. Is interest on claimed amount of GST amount paid, if refund is delayed after 60 days afer passing of the final order for refund? In the case of goods exported out of India and where a refund of tax paid is available to the applicant in respect of the goods themselves or, as the case may be, the inputs or input services used in such goods, then the relevant date: In the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is filed. So this article “All About Refund under GST” covers Definition, Reference to Law, Situations, Restrictions, Time Limit, Concept of Unjust Enrichment, Impact of Newly issued Circular No.135/05/2020 on GST refund etc. If the claim is in order then the refund has to be sanctioned within a period of 60 days from the date of receipt of the claim. Further, reliance is also placed upon judgment of Hon’ble Tribunal’s Larger bench order in the case of CELLULOSE PRODUCTS OF INDIA LTD. 1993 (64) E.L.T. In case of refund as mentioned in point no. In view of author, the change in time limit for filing refund claim can’t be said to be retrospective merely because it relates to past action. In case if the goods are exported by post, The relevant date in the case of services exported out of, is the inputs or input services used in such services. or. Let us understand the concept of relevant date. It is worthwhile to mention that the time limit for any compliance which falls during the period from 20th day of March, 2020 to the 30th day of Aug, 2020 is extended till 31st August, 2020 vide Notification No. In case if the goods are exported by land. Two years from the end of F.Y. A person can make an application for refund of GST before expiry of two years from the relevant date in such form and manner as may be prescribed. Incaseofexporters,theGSTofficerwillsanction90%oftherefund applied on provisional basis within 7 days from the date of acknowledgement(RFD-02onwebsite).Thebalanceamountshallbe issuedwithin60daysfromtheacknowledgment.Ifrefundisnotissued within60daystheninterestwouldbepayable@6%P.a.from61stdays ofRFD … However, claim of refund of balance in electronic cash ledger can be claimed through furnishing of monthly/quarterly returns in Form GSTR 3, GSTR 4 or GSTR 7, as the case may be, of the relevant period. The exporters of goods or/and service along with suppliers to Special Economic Zone (SEZ) units or developers may receive GST refunds automatically from June. notified under section 55 shall apply the refund through GST Form GST RFD-10 before the expiry of six months from the last day of the quarter in which such supply was received. Hence, knowing the correct relevant date is very important for the purpose of GST in India. Seeks to specifies retail outlets established in the departure area of an international airport, beyond the immigrationcounters, making tax free supply of goods to an outgoing international tourist, as class of persons who shall be entitled to claim refund. 01.03.2021, Formats Resolutions related to Banking Operations, Interesting facts about education loans that you may not know, Submit Letter of Undertaking (LUT) for FY 2021-22 by 31.03.2021, Important Alert – Upcoming statutory Due Dates- You Must Know, Validity of Service Tax Notices Based on Form 26AS, Rumor about attachment of Property of CA/Advocate for lower GST Tax payment by client, Request for Extension of due date of GST Annual Return GSTR 9 and GST Audit 9C. Disclaimer: The views presented are in personal and generic form and not as a legal advice. rule 36 of the CGST Rules, 2017 vide notification No. 35/2020-Central Tax, time limit for filing of LUT for the year 2020-21 shall stand extended to 30.06.2020 and the taxpayer can continue to make the supply without payment of tax under LUT provided that the FORM GST RFD-11 for 2020-21 is furnished on or before 30.06.2020. For all other cases, relevant date … Practically, in current scenario, some Refund Processing Officers under GST are not granting refund for the period July, 2017 to Jan, 2018 by issuing Show Cause Notice in Form GST RFD-08 on the ground that it is time barred on account of lapse of prescribed two years from the relevant due date of furnishing return under section 39 of CGST Act, 2017 i.e., 25-08-2019 for July, 2017 and 20-02-2020 for Jan, 2018. Yes, interest @6% will be paid after the expiry of 60 days from the date of passing of the final order for refund. If you have any query, you can email the same to info@hubco.in. 2017-18 i.e.. Two years from the due date for furnishing GSTR-3B for the m/o July, 2017 i.e.. Ans. As per section 54(3) (ii), refund of unutilised input tax credit shall be where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council. Section 54(3) of CGST Act 2017 provides refund of unutilised input tax credit. The relevant statutory text of section 54(1) is reproduced as follows: –. 31st August, 2020 – Last date to file GST refund on account of Inverted Duty Structure for FY 2017-18? In any other case refund can be applied with in 2 year from the relevant date. In the case of refund of unutilized input tax credit, the relevant date is the end of the financial year in which such claim for refund arises. Relevant date for filing of each kind of refund needs to be defined separately. where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, In the case of refund of unutilized input tax credit, the relevant date is, In the case where tax is paid provisionally under this Act or the rules made, In the case of a person, other than the supplier, the relevant date is, If you have any query, you can email the same to. notified under section 55. Ans. In case if the goods are exported by sea or air. 5 of above, refund can be apply with in 6 months from the last day of quarter in which such supply was received. This is because the section 54 of CGST states that any person claiming refund may make an application before the expiry of two years from the, Hence, knowing the correct relevant date is very important for the purpose of, 2.0 Relevant date in case of export of goods. The time limit for claiming the GST refund is 2 years from the relevant date. However to claim refund under GST taxpayers has to file refund application in prescribed period of time i.e. Provisions under Section 54 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Refund of Tax”, are as under:. ... the tax payer must make application of refund of tax and interest in the prescribed form within 2 years from relevant date. The author may be reached at [email protected], Also Read- Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC, Your email address will not be published. Refund is very important provisions under GST laws and It is granted to eligible taxpayers on meeting out certain conditions. Dear Sir, Thanks for your reply Sir! 9 May 2020. 5.0 Relevant date in case of GST refund due to consequence of judgement. 16/2020 dated 23rd March, 2020. Relevant date in case of refund are as follows: FD 48 CSL 2017. the last date of payment of tax. When the person claiming refund is not the supplier, then relevant date shall be the date at which the goods are received by such person. Is there any specified format for sanction of refund claim? Further, Clause (e) to explanation (2) to section 54(14) of CGST Act 2017 has been amended by section 23 of CGST (Amendment) Act 2018 in the following manner with effect from 1st Feb, 2019: –. Relevant date in case of Unutilized Input Tax Credit under sub-sec (3) 'clause (ii) of first proviso to sub-sec (3)” vide clause 23 (b) (ii) of CGST Amendment Act, 2018 w.e.f. In case of refund of IGST on export of goods, there is no need to file form GST RFD-01 since shipping bill filled by exporter is itself treated as a refund claim. The Relevant date is different in different scenarios. Relevance of relevant date for refund under Rule 5 for export of services . Here are the dates for some cases: Cases for claiming the refund Relevant date Goods exported through air or sea: The date on which such ship or aircraft leaves India. But a registered taxpayer may convince the concerned RPO, by drafting a proper reply along with required documents and the strong grounds in Form GST RFD-09 online on the portal within 15 days of issuance of notice, for granting refund arises due to inverted duty structure for the period July, 2017 to Jan, 2018. “Moreover, it is advisable that the registered taxpayers should file a refund claim on account of inverted duty structure for the period Feb,18 to July,18 on or before 31st Aug, 20 which is within the amended time limit as provided under section 54 of CGST Act 2017 and the benefit given vide Notification No. Notification: GST Refunds Automation for Exporters and Suppliers to SEZ may Start from June. Under GST any person claiming the refund of the tax, or the interest paid should make an application within a period of two years from the relevant date using the Form GST RFD-01 electronically. Section 54 of CGST Act 2017: Refund of Tax (CHAPTER XI – REFUNDS) (1) Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date … Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. Seeks to prescribe the due date for furnishing FORM GSTR-1 by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from October, 2020 to March, 2021. within relevant date Section 54 of CGST Act has prescribed the definition of relevant date and such relevant date plays a crucial role in claiming GST refund. Join the largest network of startups, CA, CS, Lawyers. All Rights Reserved. Any person claiming refund of any balance in electronic cash ledger, may claim such refund through return furnished in form GSTR-3b / GSTR-4 /GSTR-7 as the case may be. MORE than four years ago, in DDT 1077 dated 24.03.2009 we carried this story: . In case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, the date of communication of such judgment, decree, order or direction. The meaning of relevant date is very important in regard to refund provisions under GST. 55/2020- Central Tax in order to avoid any legal dispute with the department in future.”. 17/2009-S.T., dated 7-7-2009 - Regarding. D. Time Period and GST Form for apply of refund by the person ( UNO etc. ) Good news for taxpayers – Much awaited option “Consolidated Debit/Credit note” enabled on GST portal, Budget 2021: Amendments proposed in Section 74, 107, 151, 152 & 168 of CGST Act, 2017, Proposed prosecution amendments under GST vide Budget 2021, Extended power under Section 83 of CGST Act, 2017 by Finance Bill, 2021, Amount received for security services including amount of wages for guards taxable @18%, Fino Payments Bank Limited included in Second Schedule of RBI Act, 1934, SOP for Vehicle Location Tracking, registration & activation in VAHAN, Physical hearing by NCLT Benches w.e.f. Notification; Recent Posts. Relevant date is different in every case which is mentioned in Explanation 2 to section 54,which are as follows: (e) in the case of refund of unutilised input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises. TIOL-DDT 2108 20.05.2013 Monday . Before going further, let us understand all the relevant legal provisions pertaining to Refund of accumulated ITC due to Inverted Duty Structure under GST law. 33. I have a query regarding relevant date for filling of application for GST Refund, for this purpose of relevant date explained in explanation to section 54 clause (2), sub clause (e) shall be read as: “In the case of refund of unutilised input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises;" The different ‘relevant date ... GST Refund for Exports. There is a time limit for claiming a refund of any tax and interest up to two years from the relevant date. This may happen as the Department of Revenue is considering to introduce faceless scrutiny of refunds that will, in … The GST law requires that every claim for refund is to be filed within 2 years from the relevant date. Such supply … 01-02-2019. Thus, legislations which modified accrued rights or which imposes obligations or imposes new duties or attach a new disability have to be treated as prospective unless the legislative intent is clear to give the enactment a retrospective effect.”. 13/2017- Central Tax dated 28-06-2017 has prescribed, on the recommendation of the Council, 6% as the rate of interest for a refund withheld under sub-section (11) of section 54. Online Procedure and documentation for Export Refund application under GST from April 2020. Under GST this time period is 2 years. Such refund may be claimed in the return filed in regular manner by the taxable person if refund is related to credit balance in electronic cash ledger. According to Section 54 (2) of the CGST Act the person ( UNO etc. ) In the light of above landmark judgements, the following two inferences can be drawn: –, (1.) 01.02.2019. Users of this information are expected to refer to the relevant existing provisions of the applicable laws. 35/2020 – Central Tax dated 03-04-2020 with amendment vide Notification No. In the case of services exported out of India and where a refund of tax paid is available to the applicant in respect of services themselves or, as the case may be, the inputs or input services used in such services. 11/2019 No. Hence, in case any refund of … 54 of CGST Act, 2017, “relevant date” means – a) in the case of 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, - The change in said section only shortens the time limit for filing refund claim which is not beneficial to the taxpayer and is onerous thereby the change in time limit for filing refund claim can’t have retrospective effect. Q 24. 01-02-2019. Earlier, the due date was December 31. Government of India Ministry of Finance (Department of Revenue) Central Board of Excise & Customs, New Delhi dated 1-1-2010 INSTRUCTION Subject : Relevant date for filing the refund claim under Notification No. (2.) Download India's first Online GST Magazine. IN terms of Rule 5 of the CENVAT Credit Rules, 2004 if any input or input service is used in the manufacture of final product and cleared for export or used in providing output service which is … The Government vide Notification No. In light of the above provisions, refund of unutilised input tax credit due to inverted duty structure can be filed within two years from the end of Financial year in which such claim for refund arises. 2017 or 2019? any person claiming refund may make an application before the expiry of two years from the relevant date There have been demands to extend the date for two reasons: first, the pandemic, and second, the due date for annual returns for FY19-20 is December 31. The meaning of relevant date is very important in regard to refund provisions under GST. In order to submit a comment to this post, please write this code along with your comment: 03f84632d015fb1b209e5a2e151d8bb8. Gst, Goods And Service Tax, Relevant Date, Refund Under Gst, All about GST Registration – The GST Registration process Guide. Relevant Date As per explanation to Sec. This is because the section 54 of CGST states that any person claiming refund may make an application before the expiry of two years from the relevant date. Budget 2021: A new condition introduced to avail Input Tax Credit. RELEVANT DATE GST REFUND, Goods and Services Tax GST. Learn about companies, trademarks, GST and other business problems. Two years from the end of Financial Year in which claim for such accumulated credit arises. Budget 2021: GST Audit by professionals scrapped? 65 (Tribunal) wherein Hon’ble Tribunal held that time limit for giving direction in the instant case would be governed by amended section. Practically, in current scenario, some Refund Processing Officers under GST are not granting refund for the period July, 2017 to Jan, 2018 by issuing Show Cause Notice in Form GST RFD-08 on the ground that it is time barred on account of lapse of prescribed two years from the relevant due date of furnishing return under section 39 of CGST Act, 2017 i.e., 25-08-2019 … TIME PERIOD FOR FILING OF REFUND AND RELEVANT DATE: 4.0. First of all, you should know that under the GST, all types of GST refund claims should be filed within 2 years from the relevant date of refund. The relevant invoic e shall be submitted. Hence, refund of accumulated Input Tax Credit for Financial year 2017-18 can be filed up to 31 March 2020. In the case where tax is paid provisionally under this Act or the rules made there under, the relevant date is the date of adjustment of tax after the final assessment thereof; In the case of a person, other than the supplier, the relevant date is the date of receipt of goods or services by such person. (e) in the case of refund of unutilised input tax credit under clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises; Now, let us understand the impact of both the said provisions with the help of a following chart for better analysis in which we will see the different due dates to file refund for the m/o July, 2017 as per the said section Before amendment vs After amendment w.e.f. Copyright © TaxGuru. An amended section can’t be enforced retrospectively thereby a registered taxpayer still has time in respect of refund claim pertaining to period July,17. However, as we delve deeper into the issue, the question arises whether the change in time limit for filing refund claim would apply only for the tax period reckoning from the February, 2019 onwards or will also hit the refund application filed after 01.02.2019 but pertaining to the tax period(s) prior to February, 2019. GSTR-9 is an annual return to be filed yearly by taxpayers registered under GST. GST on Sale/transfer/disposal of Capital Goods – A new pandora box under GST! Two years from the due date for furnishing of return under section 39 for the period in which such claim for refund arises. Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed: In order to have a clear understanding, Clause (e) to explanation (2) to section 54(14) which defines the ‘relevant date’ is reproduced below: “Explanation – For the purpose of this section, —. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East). It means if we paid tax in CGST/SGST in July 17 & after GST audit only came to know that we need to pay in IGST in Jan 20,accordingly if tax is paid in correct head in Jan 20. In view of the author, reliance is placed upon the judgment in the case of Mcdonalds India Pvt Ltd vs Delhi 2019 wherein the double bench of CESTAT, Delhi held the following: –, “the basic principle for ascertaining the retrospectivity of legislation is a principle of ‘fairness’. Subscribe to Exclusive GST.HUBCO Magazine, TAGS: Despite the fact that various benches and judges of the SC have ruled on the validity of retrospective amendments, the discussion on the said subject has always been thought-provoking. A statement containing the number and date of shipping bills or export bills and the number and date of the corresponding export invoices, along with the invoice. As per explanation 2 sub-clause (h) of Section 54(14) says only date of Payment of tax will be Relevant date. Join our newsletter to stay updated on Taxation and Corporate Law. Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC. View. 29/06/2019. In other words, whether this amendment in said section would apply prospectively or retrospectively. 01.02.2019 is The end of financial year due date of furnishing of return under section 39 for the period vide clause 23 (b) (ii) of CGST Amendment Act, 2018, w.e.f. 74/2020-Central Tax dated 15.10.2020. by facelesscompliance in GST, GST Circular Notification. Therefore, in terms of Notification No. Recent Amendments in refund Provisions: As inserted by Notification No. Brief Understanding of Provisions As per Section 16 (1) of IGST Act, 2017, exports of goods or services or both and supplies of goods … 55/2020- Central Tax dated 27-06-2020. The relevant date of issue of invoice, where payment for the service had been received in advance prior to the date of issue of the invoice. Every claim of refund has to be filed in Form GST RFD 1. This article is penned down to analyse the legal issue that arises in respect of Refund of unutilised Input Tax Credit (ITC) on account of Inverted Duty Structure under GST regime after an amendment in clause pertaining to time period prescribed for filling refund application w.e.f. Section 54(1) of CGST Act 2017 provides the time limit of two years from the relevant date within which refund can be filed by registered taxable person. Notification to extend the due date for filing FORM GSTR-4 for ... was paid on 17.10.2017 and the final order setting aside the order was issued on the year 2019.. what would be the relevant date to file the refund of the interest and penalty paid? A registered person may claim the balance available in the electronic cash ledger by filing the return as per the dates mentioned under GST. 49/2019-GST dated 09.10.2019, various references have been received from the field formations regarding admissibility of refund of the ITC availed on the invoices which are not reflecting in the FORM GSTR-2A of the applicant. The amended section 54 of CGST Act, 2017 can’t take away or impair vested rights of a taxpayer under existing laws. What is the meaning of relevant date for refund under GST? On the plain reading of the above amended provisions, it seems that refund on account of inverted duty structure can now be filed within “two years from the due date of furnishing of return under section 39 for the period in which such claim for refund arises”. Subscribe for free magazine and our startup network. It is recommended that a period of one year from the relevant date may be allowed for filing of refund application. Every refund claim filed on or after 01st Feb 2019 will be governed by amended section 54 of CGST Act 2017 even if the refund claim pertains to period prior to 1st Feb, 2019. “However, a clarification from the Government for time limit in this regard would be a magical bullet for both the taxpayers as well as the Department in order to avoid numerous litigations and proceedings in future.”. , refund of accumulated Input tax credit for Financial year 2017-18 can be drawn: – tax dated with. Code along with your comment: 03f84632d015fb1b209e5a2e151d8bb8 for claiming the GST refund is important... Case would be governed by amended section can’t be enforced retrospectively thereby a registered still! To info @ hubco.in is a time limit for giving direction in the light above... And other business problems department in future.” Goods – a new pandora box under GST of Financial year 2017-18 be. 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