Provisional refund to zero-rated supply of goods or services [section 54(6) of CGST Act read with rule 91 of CGST Rules]

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....er and subject to such conditions, limitations and safeguards as may be prescribed and • thereafter make an order under section 54(5) of CGST Act for final settlement (Remaining 10%) of the refund claim after due verification of documents furnished by the applicant. • Explanation (ba) of Section 54 of CGST Act in case of zero-rated supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit where a refund of tax paid is available in respect of such supplies themselves, or as the case may be, the inputs or input services used in such supplies, the due date for furnishing of return under section 39 of CGST Act in respect of such supplies. Threshold l....

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....nder LUT and asking for self-declaration with every refund claim where the exports have been made under LUT is not warranted. Further, as per Circular 40/14/2018-GST dated 06-04-2018, the amendments in Circular No. 8/8/2017-GST made it clear that application for LUT shall be done on the common portal, and it shall be deemed to be accepted as soon as an acknowledgement for the same, bearing the Application reference number (ARN), is generated online • Time Limit for Issuing the Refund Order [ rule 91(2) ] • From 01.10.2025 - • Time Limit for Issuing the Order -  The proper officer, on the basis of identification and evaluation of risk by the system, shall make an order i....

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....e bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund on the basis of a consolidated payment advice. • The payment order in FORM GST RFD-05 shall be required to be revalidated where the refund has not been disbursed within the same financial year in which the said payment order was issued. • Disbursal of Refund [ Rule 91(4) ] • ​​​​​​​The Central Government shall disburse the refund based on the consolidated payment advice issued under rule 91(3) of CGST Rules. The doctrine of unjust enrichment for zero rated supply  • As per clause (b)....

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....accumulated ITC shall be restricted to the ITC available on 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. • The aforesaid circular does not in any way impact the refund of ITC availed on the invoices / documents relating to imports, ISD invoices and the inward supplies liable to Reverse Charge (RCM supplies) etc.. It is hereby clarified that the treatment of refund of such ITC relating to imports, ISD invoices and the inward supplies liable to Reverse Charge (RCM supplies) will continue to be same as it was before the issuance of Circular No. 135/05/2020- GST dated 31.03.2020. • Clarification on refun....