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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;" 5.0 Relevant date in case of GST refund due to consequence of judgement. Notification; Recent Posts. 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. There is a time limit for claiming a refund of any tax and interest up to two years from the relevant date. Gst, Goods And Service Tax, Relevant Date, Refund Under Gst, All about GST Registration – The GST Registration process Guide. 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. rule 36 of the CGST Rules, 2017 vide notification No. 11/2019 No. 2017 or 2019? Two years from the end of Financial Year in which claim for such accumulated credit arises. In case if the goods are exported by land. 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. 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. 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. 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. Users of this information are expected to refer to the relevant existing provisions of the applicable laws. 16/2020 dated 23rd March, 2020. Such supply … Relevance of relevant date for refund under Rule 5 for export of services . A registered person may claim the balance available in the electronic cash ledger by filing the return as per the dates mentioned under GST. Hence, knowing the correct relevant date is very important for the purpose of GST in India. Provisions under Section 54 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Refund of Tax”, are as under:. What is the meaning of relevant date for refund under GST? The Government vide Notification No. D. Time Period and GST Form for apply of refund by the person ( UNO etc. ) 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. 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. 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. ... the tax payer must make application of refund of tax and interest in the prescribed form within 2 years from relevant date. 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, —. 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. Section 54(3) of CGST Act 2017 provides refund of unutilised input tax credit. 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. Yes, interest @6% will be paid after the expiry of 60 days from the date of passing of the final order for refund. Subscribe to Exclusive GST.HUBCO Magazine, TAGS: 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. Relevant date in case of refund are as follows: According to Section 54 (2) of the CGST Act the person ( UNO etc. ) Under GST this time period is 2 years. Dear Sir, Thanks for your reply Sir! 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? MORE than four years ago, in DDT 1077 dated 24.03.2009 we carried this story: . This may happen as the Department of Revenue is considering to introduce faceless scrutiny of refunds that will, in … 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. 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. For all other cases, relevant date … 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”. 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. Ans. 35/2020 – Central Tax dated 03-04-2020 with amendment vide Notification No. Recent Amendments in refund Provisions: As inserted by Notification No. Relevant Date As per explanation to Sec. Subscribe for free magazine and our startup network. 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 … 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, - 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. Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East). The amended section 54 of CGST Act, 2017 can’t take away or impair vested rights of a taxpayer under existing laws. As per explanation 2 sub-clause (h) of Section 54(14) says only date of Payment of tax will be Relevant date. 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: –. Is interest on claimed amount of GST amount paid, if refund is delayed after 60 days afer passing of the final order for refund? Join our newsletter to stay updated on Taxation and Corporate Law. (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. Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC. In any other case refund can be applied with in 2 year from the relevant date. All Rights Reserved. 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. Learn about companies, trademarks, GST and other business problems. 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. View. The GST law requires that every claim for refund is to be filed within 2 years from the relevant date. 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. 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. (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. Hence, refund of accumulated Input Tax Credit for Financial year 2017-18 can be filed up to 31 March 2020. Notification: GST Refunds Automation for Exporters and Suppliers to SEZ may Start from June. 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. TIOL-DDT 2108 20.05.2013 Monday . If you have any query, you can email the same to info@hubco.in. Online Procedure and documentation for Export Refund application under GST from April 2020. 33. 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. 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. Join the largest network of startups, CA, CS, Lawyers. 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. 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. TIME PERIOD FOR FILING OF REFUND AND RELEVANT DATE: 4.0. 65 (Tribunal) wherein Hon’ble Tribunal held that time limit for giving direction in the instant case would be governed by amended section. Budget 2021: GST Audit by professionals scrapped? RELEVANT DATE GST REFUND, Goods and Services Tax GST. Ans. 01-02-2019. 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. 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. 74/2020-Central Tax dated 15.10.2020. 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. 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. 5 of above, refund can be apply with in 6 months from the last day of quarter in which such supply was received. 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 … Two years from the end of F.Y. Disclaimer: The views presented are in personal and generic form and not as a legal advice. Let us understand the concept of relevant date. The meaning of relevant date is very important in regard to refund provisions under GST. by facelesscompliance in GST, GST Circular Notification. 01.02.2019. In case if the goods are exported by sea or air. 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. 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. 55/2020- Central Tax in order to avoid any legal dispute with the department in future.”. 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. Brief Understanding of Provisions As per Section 16 (1) of IGST Act, 2017, exports of goods or services or both and supplies of goods … the last date of payment of tax. 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. 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’. 29/06/2019. 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 … In order to submit a comment to this post, please write this code along with your comment: 03f84632d015fb1b209e5a2e151d8bb8. 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. 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. A taxpayer under existing laws said section would apply prospectively or retrospectively new! Application under GST from April 2020 of unutilised Input tax credit for Financial year in which such was. Statutory text of section 54 ( 1 ) is reproduced as follows –! 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