Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST Update 29.01.2016

SECTION 22 REFUND OF TAX-PART-I

GST DAILY DOSE OF UPDATION:-
 
SECTION 22 REFUND OF TAX-PART-I:-
 
The procedure to claim refund of tax is specified under section 22 of the GST Act, 2016. The sub-section (1) states that any person claiming refund of any tax and interest, if any, may make an application in that regard to the proper officer of IGST/CGST/SGST before the expiry of two years from the relevant date in such form and in such manner as may be prescribed. The proviso further states that the limitation of two years shall not apply where such tax or interest has been paid under protest. In this regard, it is pertinent to note that the Joint Committee Report on Business Processes on Refund prescribes the time limit of filing refund claim as one year from the relevant date and there is contradiction at this point between the proposed GST Law and the Joint Committee Report. It is also pertinent to note that there is doubt about the authenticity of the leaked GST Act, 2016. However, if the leaked GST Act, 2016 is the actual draft, the discrepancy should be rectified in the final draft.
 
The sub-section (2) states that the refund application shall be accompanied by such documentary evidence as may be prescribed to establish that refund is due to the applicant and such documentary or other evidence as may be furnished to establish that the incidence of tax for which refund is being filed has not been passed on to any other person. In this context, it is worth noting that the Joint Committee Report on Business Processes for Refund prescribes online filing of refund application so that the practice of filing huge documents with the refund claim is being dispensed with. However, the proposed law indicates that documents will be required to be filed which is also contrary to the Joint Committee Report.
 
The sub-section (3) specifies that on receipt of refund application, the proper officer will pass order for the refund claim filed by the applicant. The sub-section (4) prescribes time limit for issuing order in case of different refund claims as follows:-
 
·        60 days from date of receipt of application in case of refund arising from export of goods;
 
·        90 days from the date of receipt of application in case of refund arising from export of services;
 
·        45 days from the date of receipt of application in case of refund of unadjusted input tax credit under sub-section (7) of section 18;
 
·        60 days from the date of receipt of application in case of refund arising on account of judgment, decree, order or direction of the appellate authority or Tribunal or any Court;
 
·        90 days from the date of receipt of application for refund in any other case;
 
Furthermore, there is explanation stating that the application for the purpose of this sub-section shall mean complete application containing all information as may be prescribed. The explanation indicates that the above time limits would be counted from the date when refund application is complete, i.e., from the date of rectifying the defects being pointed out. Also, specifying different time limits for passing orders for refund claims filed in different circumstances is not understandable and will only complicate and prolong the refund mechanism.
 
You may also visit our FB page at the following link
 
https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com