TaxTMI 
TaxTMI 
Manual filing and processing of refund claims in respect of zero-rated supplies.
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....her orders. Therefore, in exercise of the powers conferred by sub-section (1) of section 168 of the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter referred to as 'the TNGST Act') and for the purpose of ensuring uniformity, the following conditions and procedure are laid down for the manual filing and processing of the refund claims: 2.1 As per sub-section (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as 'the IGST Act') read with clause (i) of sub- section (3) and sub-section (6) of section 54 of the TNGST Act and rules 89 to 96A of the Tamil Nadu Goods and Services Tax Rules, 2017 (hereinafter referred to as 'the TNGST Rules'), a registered person may make zero-rated supplies of goods or services or both on payment of integrated tax and claim refund of the tax so paid, or make zero-rated supplies of goods or services or both under bond or Letter of Undertaking without payment of integrated tax and claim refund of unutilized input tax credit in relation to such zero rated supplies. 2.2 The refund of integrated tax paid on goods exported out of India is governed by rule 96 of the TNGST Rules. The ....
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....e the refund claim with the jurisdictional tax authority to which the taxpayer has been assigned as per the administrative order issued in this regard by the Chief Commissioner of Central Tax and the Commissioner of State Tax, Tamil Nadu. In case such an order has not been issued in the State, the registered person is at liberty to apply for refund before the Central Tax Authority or State Tax Authority till the administrative mechanism for assigning of taxpayers to respective authority is implemented. However, in the latter case, an undertaking is required to be submitted stating that the claim for sanction of refund has been made to only one of the authorities. It is reiterated that the State Tax officers shall facilitate the processing of the refund claims of all registered persons whether or not such person was registered with the State Government in the earlier regime. 2.6 Once such a refund application in FORM GST RFD-01A is received in the office of the jurisdictional proper officer, an entry shall be made in a refund register to be maintained for this purpose with the following details - Table 1 Sl.No. Applicant's name GSTIN Date of receipt of application ....
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....issue of Refund sanction/rejection order in FORM GST RFD-06 Total amount Date of issue of Payment Advice in FORM GST RFD-05 Amount of refund rejected Date of issue of order for adjustment of sanctioned refund/ withholding refund in FORM GST RFD-07 CT ST/UTT IT Cess CT ST/UTT IT Cess 1 2 3 4 5 6 7 8 9 10 11 12 13 2.10 After the refund claim is processed in accordance with the provisions of the TNGST Act and the rules made thereunder and where any amount claimed as refund is rejected under rule 92 of the TNGST Rules, either fully or partly, the amount debited, to the extent of rejection, shall be re-credited to the electronic credit ledger by an order made in FORM GST PMT-03. The amount would be credited by the proper officer using FORM GST RFD-01B subject to the provisions of rule 93 of the TNGST Rules. 3. For the sake of clarity and uniformity, the entire process of filing and processing of refunds manually is tabulated as below: 3.1 Filing of Refund Claims: Sl.No. Category of Refund Process of Filing 1. Refund of IGST paid on export o....
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....r the sanction of the provisional refund, final order is to be issued within sixty days (after due verification of the documentary evidences) of the date of receipt of the complete application form. The details of the finally sanctioned refund and rejected portion of the refund along with the breakup (CT / ST / UT / IT/ Cess) to be maintained in the final refund register; • The amount not sanctioned and eligible for re-credit is to be re-credited to the electronic credit ledger by an order made in FORM GST PMT-03. The actual credit of this amount will be done by the proper officer in FORM GST RFD-01B. 3.3 Detailed procedure for manual processing of refund claims: The detailed procedure for disposal of Refund claims filed manually is as under: MANUAL PROCESSING OF REFUND STEPS REMARKS LEGAL PROVISIONS Filing of refund application in FORM GST RFD-01A online on the common portal (only when refund of unutilized ITC is claimed) • The corresponding electronic credit ledger of CT / ST / UT / IT/ Cess would get debited and an ARN number would get generated. Rule 89 Filing of printout of FORM GST RFD-01A • The printout of ....
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.... • Provisional refund shall be granted separately for each head CT/ST/UT/IT/Cess within 7 days of acknowledgement in FORM GST RFD-04. • Before sanction of the refund a declaration shall be obtained that the applicant has not contravened rule 91 (1). • Payment advice to be issued in FORM GST RFD-05. • Refund would be made directly in the bank account mentioned in the registration. Rule 91(1) - Requirement of no prosecution for last 5 years Rule 91(2) - Prima facie satisfaction, seven day requirement Rule 91(3) - Payment advice, electronic credit to bank account Detailed scrutiny of the refund application along with submitted documents • The officer shall validate refund statement details with details in FORM GSTR 1 (or Table 6A of FORM GSTR-1 ) available on the common portal. The Shipping bill details shall be checked by officer through ICEGATE SITE (www.icegate.gov.in) wherein the officer would be able to check details of EGM and shipping bill by keying in port name, Shipping bill number and date. • Further, details of IGST paid also needs to be verified from FORM GSTR- 3 or FORM GSTR- 3B, as the ca....
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....on order shall be sent to PAO office for release of payment. Rule 92(3), 92(4), 92(5) - Sanction of Refund order Rule 92(4), 92(5) - Payment advice issue Payment of interest if any • Amount, if any, will be paid by an order with payment advice in FORM GST RFD-05. Rule 94 4. The refund application for various taxes i.e. CT / ST / UT / IT/ Cess can be filed with any one of the tax authorities and shall be processed by the said authority, however the payment of the sanctioned refund amount shall be made only by the respective tax authority of the Centre or State government. In other words, the payment of the sanctioned refund amount in relation to CT / IT / Cess shall be made by the Central tax authority while payment of the sanctioned refund amount in relation to ST would be made by the State tax authority. It therefore becomes necessary that the refund order issued either by the Central tax authority or the State tax is communicated to the concerned counter-part tax authority within three days for the purpose of payment of the relevant sanctioned refund amount of tax or cess, as the case may be. 5. The Jurisdictional proper officers (Assistant Commissi....