Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 8-5-2017 – Refund Section 54 of the Central Goods and Services Tax, 2017 ( Act for short) provides the procedure for the refund of tax. Section 54(5) provides that the proper officer, on receipt of refund application, is satisfied that the whole or part of the amount claimed as refund is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund referred to in section 57. Consumer Welfare Fund Section 57 provides that the Government shall constitute a Fund, to be called the Consumer Welfare Fund. There shall be credited to the Fund- The amount referred to in section 54(5); any income from investment of the amount credited to the Fund; and such other monies received by it in such manner as may be prescribed. Rule 4(4) provides that where the proper officer is satisfied that the amount refundable is not payable to the applicant under section 54(8) he shall make an order in For
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the recommendation of the Council, by notification, specify. Rule 8 (1) provides that all credits to the Consumer Welfare Fund shall be made under Rule 4(4). Utilization of Fund Section 58(1) provides that all sums credited to the Fund shall be utilized by the Government for the welfare of the consumers in such manner as may be prescribed. Rule 8(2) provides that any amount, having been credited to the Fund, ordered or directed as payable to any claimant by orders of the proper officer, appellate authority or Appellate Tribunal or court, shall be paid from the Fund. Rule 8(4) provides that the Central/State Government shall, by an order, constitute a Standing Committee which shall make recommendations for proper utilization of the money credited to the Consumer Welfare Fund for the welfare of the consumers. Rule 8(3) provides that any utilization of amount from the Consumer Welfare Fund shall be made by debiting the Consumer Welfare Fund account and crediting the account to which the a
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require any applicant, in case of any default, or suppression of material information on his part, to refund in lump sum, the sanctioned grant to the Committee, and to be subject to prosecution under this Act; to recover any sum due from any applicant in accordance with the provisions of the Act; to require any applicant, or class of applicants to submit a periodical report, indicating proper utilization of the grant; to reject an application placed before it on account of factual inconsistency, or inaccuracy in materialparticulars; to recommend minimum financial assistance, by way of grant to an applicant, having regard to his financial status and importance and utility of nature of activity under pursuit, after ensuing that the financial assistance provided shall not be misutilized; to identify beneficial and safe sectors, where investments out of Consumer Welfare Fund may be made and make recommendations, accordingly; to relax the conditions required for the period of engaged in con
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for reimbursement of legal expenses incurred by him as a complainant in a consumer dispute, after its final adjudication. All applications for grant from Consumer Welfare Fund shall be made by the applicant Member Secretary. The Committee shall not consider an application, unless it has been inquired into in material details and recommended for consideration accordingly, by Member Secretary. Maintenance of accounts Section 58(2) provides that the Government or the authority specified by it, shall maintain proper and separate account and for other relevant records in relation to the Fund and prepares an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India. Guidelines Rule 8(9) provides that the Central Consumer Protection Council established under the Consumer Protection Act and the Bureau of Indian Standards shall recommend to the GST Council, the broad guidelines for considering the projects or proposals for
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