Provisional assessment finalization: electronic returns, CA certificate for unjust enrichment required and speaking order determines refund. Finalization of provisional assessments requires electronic returns to identify provisional payments and reasons. Assessing officers may keep assessments provisional, then finalize them within a prescribed timeline and issue a speaking order specifying tax payable or refundable. Refunds are conditioned on the principle of unjust enrichment and require proof that the GST burden was not passed to consumers, typically via a Chartered Accountant's certificate, with potential thresholds for self-certification. Recipients must reverse any Input Tax Credit taken on provisional tax before refunds are sanctioned; finalized differential amounts must be reflected in the return for the month of finalization and may relate to CGST, SGST or IGST.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Provisional assessment finalization: electronic returns, CA certificate for unjust enrichment required and speaking order determines refund.
Finalization of provisional assessments requires electronic returns to identify provisional payments and reasons. Assessing officers may keep assessments provisional, then finalize them within a prescribed timeline and issue a speaking order specifying tax payable or refundable. Refunds are conditioned on the principle of unjust enrichment and require proof that the GST burden was not passed to consumers, typically via a Chartered Accountant's certificate, with potential thresholds for self-certification. Recipients must reverse any Input Tax Credit taken on provisional tax before refunds are sanctioned; finalized differential amounts must be reflected in the return for the month of finalization and may relate to CGST, SGST or IGST.
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