TaxTMI 
TaxTMI 
Application for refund of tax, interest, penalty, fees or any other amount
X X X X Extracts X X X X
X X X X Extracts X X X X
....ong with such evidence regarding receipt of services for authorised operations as endorsed by the specified officer of the Zone: 2[22[Provided further that] in respect of supplies regarded as deemed exports, the application may be filed by, - (a) the recipient of deemed export supplies; or (b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund] Provided also that refund of any amount, after adjusting the tax payable by the applicant out of the advance tax deposited by him under section 27 at the time of registration, shall be claimed 25[only after the last return required to be furnished by him has been so furnished]. 14[Explanation. - For the purposes of this sub-rule, "specified officer" means a "specified officer" or an "authorised officer" as defined under rule 2 of the Special Economic Zone Rules, 2006.] 13[(1A) Any person, claiming refund under section 77 of the Act of any tax paid by him, in respect of a transaction considered by him to be an intra-State supply, which is subsequently held to be an inter-State supply....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eneration Plants issued by the Regional Power Committee Secretariat as a part of the Regional Energy Account (REA) under clause (nnn) of sub-regulation 1 of Regulation 2 of the Central Electricity Regulatory Commission (Indian Electricity Grid Code) Regulations, 2010 and the copy of agreement detailing the tariff per unit, in case where refund is on account of export of electricity;] 28[(bb) a statement containing the number and date of export invoices along with copy of such invoices, the number and date of shipping bills or bills of export along with copy of such shipping bills or bills of export, the number and date of Bank Realisation Certificate or foreign inward remittance certificate in respect of such shipping bills or bills of export along with copy of such Bank Realisation Certificate or foreign inward remittance certificate issued by Authorised Dealer-I Bank, the details of refund already sanctioned under sub-rule (3) of rule 96, the number and date of relevant supplementary invoices or debit notes issued subsequent to the upward revision in prices along with copy of such supplementary invoices or debit notes, the details of payment of additional amount of integrated t....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... or the Special Economic Zone developer, in a case where the refund is on account of supply of goods or services or both made to a Special Economic Zone unit or a Special Economic Zone developer;] (g) a statement containing the number and date of invoices along with such other evidence as may be notified in this behalf, in a case where the refund is on account of deemed exports; (h) a statement containing the number and the date of the invoices received and issued during a tax period in a case where the claim pertains to refund of any unutilised input tax credit under sub-section (3) of section 54 where the credit has accumulated on account of the rate of tax on the inputs being higher than the rate of tax on output supplies, other than nil-rated or fully exempt supplies; (i) the reference number of the final assessment order and a copy of the said order in a case where the refund arises on account of the finalisation of provisional assessment; (j) a statement showing the details of transactions considered as intra-State supply but which is subsequently held to be inter-State supply; (k) a statement showing the details of the amount of claim on account of excess payment o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d by an unregistered person who has borne the incidence of tax.] Explanation.- For the purposes of this rule- (i) in case of refunds referred to in clause (c) of sub-section (8) of section 54, the expression "invoice" means invoice conforming to the provisions contained in section 31; (ii) where the amount of tax has been recovered from the recipient, it shall be deemed that the incidence of tax has been passed on to the ultimate consumer. (3) Where the application relates to refund of input tax credit, the electronic credit ledger shall be debited by the applicant by an amount equal to the refund so claimed. 3[(4) In the case of zero-rated supply of goods or services or both without payment of tax under bond or letter of undertaking in accordance with the provisions of subsection (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), refund of input tax credit shall be granted as per the following formula - Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷Adjusted Total Turnover Where, - (A) "Refund amount" means the maximum refund that is admissible; (B) &qu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t ITC÷ ITC availed on inputs and input services)}.]. Explanation:- For the purposes of this sub-rule, the expressions - (a) Net ITC shall mean input tax credit availed on inputs during the relevant period 33[****]; and 9[(b) "Adjusted Total turnover" and "relevant period" shall have the same meaning as assigned to them in sub-rule (4)]] *************** NOTES:- 1. Substituted vide Not. 17/2017 - Dated 27-7-2017, w.e.f. 1st July, 2017 , before it was read as, "sub-section" 2. Substituted vide not. no. 47/2017 - Dated 18-10-2017, before it was read as, "Provided also that in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export supplies:" 3. Substituted vide Notification No. 75/2017 Dated 29-12-2017, w.e.f. 23rd October, 2017, before it was read as "(4) In the case of zero-rated supply of goods or services or both without payment of tax under bond or letter of undertaking in accordance with the provisions of sub-section (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), refund of input tax credit shall be granted as per the following....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... extent used in making such export of goods, shall be granted.]" 5. Substituted vide Notification No. 21/2018 - Dated 18-04-2018, before it was read as, "(5) In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula - Maximum Refund Amount = {(Turnover of inverted rated supply of goods) x Net ITC ÷ Adjusted Total Turnover} - tax payable on such inverted rated supply of goods Explanation.- For the purposes of this sub rule, the expressions "Net ITC" and "Adjusted Total turnover" shall have the same meanings as assigned to them in sub-rule (4)." 6. Substituted vide Notification No. 26/2018 - Central Tax dated 13-06-2018 w.e.f. 1.7.2017 before it was read as " 5[(5). In the case of refund on account of inverted duty structure, refund of input tax credit shall be granted as per the following formula:- Maximum Refund Amount = {(Turnover of inverted rated supply of goods and services) x Net ITC ÷ Adjusted Total Turnover} - tax payable on such inverted rated supply of goods and services. Explanation:- For the purposes of this sub-rule, the expressions - (a) "Net ITC" s....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... dated 29-01-2019 w.e.f. 01-02-2019 before it was read as "(f) a declaration to the effect that the Special Economic Zone unit or the Special Economic Zone developer has not availed the input tax credit of the tax paid by the supplier of goods or services or both, in a case where the refund is on account of supply of goods or services made to a Special Economic Zone unit or a Special Economic Zone developer;" 11. Substituted vide Notification No. 16/2020 - Central Tax dated 23-03-2020 before it was read as "(C) "Turnover of zero-rated supply of goods" means the value of zero-rated supply of goods made during the relevant period without payment of tax under bond or letter of undertaking, other than the turnover of supplies in respect of which refund is claimed under sub-rules (4A) or (4B) or both;" 12. Inserted vide NOTIFICATION NO. 35/2021-Central Tax dated 24-09-2021 w.e.f. 01-01-2022 13. Inserted vide NOTIFICATION NO. 35/2021-Central Tax dated 24-09-2021 14. Inserted vide NOTIFICATION NO. 14/2022-Central Tax dated 05-07-2022 15. Inserted vide NOTIFICATION NO. 14/2022-Central Tax dated 05-07-2022 16. Inserted vide NOTIFICATIO....
X X X X Extracts X X X X
X X X X Extracts X X X X
....urnover of supplies in respect of which refund is claimed under sub-rule (4A) or sub-rule (4B) or both, if any, during the relevant period." 32. Substituted vide Notification No. 20/2024 - Central Tax dated 08-10-2024 w.e.f. 08-10-2024 before it was read as, "4[(4A) In the case of supplies received on which the supplier has availed the benefit of the Government of India, Ministry of Finance, notification No. 48/2017-Central Tax dated the 18th October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1305 (E) dated the 18th October, 2017, refund of input tax credit, availed in respect of other inputs or input services used in making zero-rated supply of goods or services or both, shall be granted. 8[(4B) Where the person claiming refund of unutilised input tax credit on account of zero rated supplies without payment of tax has - (a) received supplies on which the supplier has availed the benefit of the Government of India, Ministry of Finance, notification No. 40/2017-Central Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), v....