Goods and Services Tax

Question 18 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 18 – Q 18. How will the person prove that the principle of unjust enrichment do not apply in his case? Ans. The person concerned may furnish together with the application such document(s) or evidence(s) to establish that the amount of tax and interest, if any, paid on such tax or any other amount paid in relation to which such refund is claimed was not passed on by him to any other perso

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Question 17 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 17 – Q 17. Will the principle of unjust enrichment apply to exports or deemed exports? Ans

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Question 16 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 16 – Q 16. In case of refund under exports, whether BRC is necessary for granting refund? Ans. Since the exporter has a time period of one year from the date of export for remitting of export proceeds, BRC may not be available at the time of refund application. But if export proceeds are received in advance BRC may be available. Thus, refund should be subject to submission of BRC details

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Whether refund can be paid before verification of documents? – Question 15 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 15 – Q 15. Whether refund ca

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Question 14 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 14 – Q 14. How will the refunds arising out of earlier law be paid? Ans. The refund arisin

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Is there any minimum threshold for refund? – Question 13 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 13 – Q 13. Is there any minimum threshold for

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Question 12 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 12 – Q 12. Where the refund is withheld under 38(9), as discussed in 11(c) above, will the

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Question 11 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 11 – Q 11. Can refund be withheld by the department? Ans. Yes, refund can be withheld in the following circumstances: If the registered dealer has not submitted return(s), till he files the return(s); If the registered taxable person is required to pay any tax, interest or penalty which has not been stayed by the appellate authority/Tribunal/ court, till he pays such tax interest or pena

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Question 10 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 10 – Q 10. Is there any time limit for sanctioning of refund? Ans. Yes, it is 90 days in all cases, excepting in a case where the refund to the extent of 80% of the total amount claimed is refundable to certain categories of exporters referred to in sub-section (4A) of section 38. If refund is not sanctioned within the period of three months, interest will have to be paid by the departme

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In case the tax has been passed on to the consumer, whether refund will be sanctioned? – Question 9 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 9 –

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Whether principle of unjust enrichment will be applicable in refund? – Question 8 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 8 – Q 8. Whether prin

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What is the time limit for taking refund? – Question 7 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 7 – Q 7. What is the time limit for taking refun

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Question 6 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 6 – Q 6. Whether purchases made by Embassies or UN be taxed or exempted? Ans. It will be taxed, which later on can be claimed as refund by them. [The United Nations Organization and Consulates or Embassies are required to take a Unique Identity Number and purchases made by them will be reflected against their number in the return of outward supplies of the supplier and refunds of taxes ca

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Question 5 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 5 – Q 5. Suppose a taxable person has paid IGST/ CGST/SGST mistakenly as an Interstate/intrastate supply, but the nature of which is subsequently clarified. Can the CGST/SGST be adjusted against wrongly paid IGST or vice versa? Ans. No. He will have to pay the appropriate tax and claim refund of the tax wrongly paid. (IGST Sec.30 and Sec.53 GST). – Statutory Provisions, Acts, Rules, Regul

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Can ITC of goods lying in stock at the end of the financial year (after introduction of GST) be refunded? – Question 4 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model

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Can unutilized ITC be given refund, in case goods exported outside India are subjected to export duty? – Question 3 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GS

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Question 2 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 2 – Q 2. Can unutilized Input tax credit be allowed as refund? Ans. Yes, but only in following cases as given in sub-section (2) of section 38:- (i) Exports of goods on which export duty is not payable; (ii) Exports of services; (iii) Where credit has accumulated on account of rate of tax on inputs being higher than the rate of taxes on Outputs. – Statutory Provisions, Acts, Rules, Regula

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Question 1 – Draft-Bills-Reports – Refunds – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 1 – Q 1. What is refund? Ans. Refund has been discussed in section 38 of the MGL. Refund includes refund of tax on goods and/or services exported out of India or on inputs or input services used in the goods and/or services which are exported out of India, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilized input tax credit as provided under section

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What action the tax authorities may take after the special audit? – Question 27 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 27 – Q 27.

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Who will bear the cost of special audit? – Question 26 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 26 – Q 26. Who will bear the cost o

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What is the time limit to submit the audit report? – Question 25 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 25 – Q 25. What is the ti

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Who will do the special audit? – Question 24 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 24 – Q 24. Who will do the special audit? Ans

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Who can serve the notice for special audit? – Question 23 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 23 – Q 23. Who can serve the not

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Question 22 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 22 – Q 22. Under what circumstances can a special audit be instituted? Ans. A

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Question 21 – Draft-Bills-Reports – Assessment and Audit – FAQ on GST dated 21.9.2016 based on Draft Model GST – Question 21 – Q 21. What would be the action by the proper officer upon conclusion of

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