TaxTMI 
TaxTMI 
Clarification on refund related issues
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed 31st March. 2020 has issued a Clarification on refund related issues in order to ensure uniformity in the implementation of the provisions of law across the field formations, which is annexed herewith. In exercise of powers conferred by section 168 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017) for the purpose of uniformity in the implementation of the Act it is instructed to follow the clarification issued vide Circular No. 135/05/2020 GST dated 31st March, 2020 by the Department of Revenue. Central Board of Indirect Taxes and Customs, GST Policy Wing. Encl.: Circular No. 135/05/2020-GST. (Nagesh Kumar B, IAS) Chief Commissioner of State Tax Government of Tripura Circular No.135/05/2020 - GST Go....
X X X X Extracts X X X X
X X X X Extracts X X X X
....refund claim for a tax period or by clubbing successive tax periods. The period for which refund claim has been filed, however, cannot spread across different financial years. Registered persons having aggregate turnover of up to ₹ 1.5 crore in the preceding financial year or the current financial year opting to file FORM GSTR-1 on quarterly basis, can only apply for refund on a quarterly basis or clubbing successive quarters as aforesaid. However, refund claims under categories listed at (a), (c) and (e) in para 3 above must be filed by the applicant chronologically. This means that an applicant, after submitting a refund application under any of these categories for a certain period, shall not be subsequently allowed to file a refun....
X X X X Extracts X X X X
X X X X Extracts X X X X
....on (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 and sub-section (3) of section 54 of the CGST Act, there appears no bar in claiming refund by clubbing different months across successive Financial Years. 2.5 The issue has been examined and it has been decided to remove the restriction on clubbing of tax periods across Financial Years. Accordingly, circular No. 125/44/2019-GST dated 18.11.2019 stands modified to that extent i.e. the restriction on bunching of refund claims across financial years shall not apply. 3. Refund of accumulated input tax credit (ITC) on account of reduction in GST Rate 3.1 It has been brought to the notice of the Board that some of the applicants are seeking refund of unutilized ITC on acco....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... a. Refund of unutilized input tax credit (ITC) on account of exports without payment of tax; b. Refund of tax paid on export of services with payment of tax; c. Refund of unutilized ITC on account of supplies made to SEZ Unit/SEZ Developer without payment of tax; d. Refund of tax paid on supplies made to SEZ Unit/SEZ Developer with payment of tax; e. Refund of unutilized ITC on account of accumulation due to inverted tax structure; f. Refund to supplier of tax paid on deemed export supplies; g. Refund to recipient of tax paid on deemed export supplies; h. Refund of excess balance in the electronic cash ledger; i. Refund of excess payment of tax; j. Refund of tax paid on intra-State supply which is subsequently held to be ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... inserted in rule 92 of the CGST Rules, 2017. The same is reproduced hereunder: "(1A)Where, upon examination of the application of refund of any amount paid as tax other than the refund of tax paid on zero-rated supplies or deemed export, the proper officer is satisfied that a refund under sub-section (5) of section 54 of the Act is due and payable to the applicant, he shall make an order in FORM RFD-06 sanctioning the amount of refund to be paid, in cash, proportionate to the amount debited in cash against the total amount paid for discharging tax liability for the relevant period, mentioning therein the amount adjusted against any outstanding demand under the Act or under any existing law and the balance amount refundable and for the re....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion No. 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. 5.2 The matter has been examined and it has been decided that the refund of accumulated ITC shall be restricted to the ITC as per those invoices, the details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in the FORM GSTR-2A of the applicant. Accordingly, para 36 of the circular No. 125/44/2019-GST, dated 18.11.2019 stands modified to that extent. 6. New Requirement to mention HSN/SAC in Annexure 'B' 6.1 References have also been received from the field formations that HSN wise detail....