Rule 89 CGST Rules 2017
Summary of Rule 89 of CGST Rules 2017
( Rule 89 CGST Rules 2017 explains Application for refund of tax, interest, penalty, fees or any other amount and is covered in Chapter X – Refund : Inserted by the Central Goods and Services Tax (Second Amendment) Rules, 2017, w.e.f. 1-7-2017. and amended by Central Goods and Services Tax (Fourth Amendment) Rules, 2017 , Central Goods and Services Tax (Tenth Amendment) Rules, 2017, Central Goods and Services Tax (Fourteenth Amendment) Rules, 2017, Central Goods and Services Tax (Amendment) Rules, 2018 , Central Goods and Services Tax (Fourth Amendment) Rules, 2018, Central Goods and Services Tax (Fifth Amendment) Rules, 2018, )
Rule 89 CGST Rules 2017
Application for refund of tax, interest, penalty, fees or any other amount
[ Refer Notes below ]
89. (1) Any person, except the persons covered under notification issued under section 55, claiming refund of any tax, interest, penalty, fees or any other amount paid by him, other than refund of integrated tax paid on goods exported out of India, may file an application electronically in FORM GST RFD-01 through the common portal, either directly or through a Facilitation Centre notified by the Commissioner:
Provided that any claim for refund relating to balance in the electronic cash ledger in accordance with the provisions of sub-section (6) of section 49 may be made through the return furnished for the relevant tax period in FORM GSTR-3 or FORM GSTR-4 or FORM GSTR-7, as the case may be:
Provided further that in respect of supplies to a Special Economic Zone unit or a Special Economic Zone developer, the application for refund shall be filed by the—
| (a) | supplier of goods after such goods have been admitted in full in the Special Economic Zone for authorised operations, as endorsed by the specified officer of the Zone [Note -6 ]; | |
| (b) | supplier of services along with such evidence regarding receipt of services for authorised operations as endorsed by the specified officer of the Zone: |
1[Provided also 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 in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export supplies:
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 in the last return required to be furnished by him.
(2) The application under sub-rule (1) shall be accompanied by any of the following documentary evidences in Annexure 1 in Form GST RFD-01, as applicable, to establish that a refund is due to the applicant, namely:—
| (a) | the reference number of the order and a copy of the order passed by the proper officer or an appellate authority or Appellate Tribunal or court resulting in such refund or reference number of the payment of the amount specified in sub-section (6) of section 107 and sub-section (8) of section 112 claimed as refund; | |
| (b) | a statement containing the number and date of shipping bills or bills of export and the number and the date of the relevant export invoices, in a case where the refund is on account of export of goods; | |
| (c) | a statement containing the number and date of invoices and the relevant Bank Realisation Certificates or Foreign Inward Remittance Certificates, as the case may be, in a case where the refund is on account of the export of services; | |
| (d) | a statement containing the number and date of invoices as provided in rule 46 along with the evidence regarding the endorsement specified in the second proviso to sub-rule (1) in the case of the supply of goods made to a Special Economic Zone unit or a Special Economic Zone developer; | |
| (e) | a statement containing the number and date of invoices, the evidence regarding the endorsement specified in the second proviso to sub-rule (1) and the details of payment, along with the proof thereof, made by the recipient to the supplier for authorised operations as defined under the Special Economic Zone Act, 2005, in a case where the refund is on account of supply of services made to a Special Economic Zone unit or a Special Economic Zone developer; | |
| (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; | |
| (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 of tax; | |
| (l) | a declaration to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed does not exceed two lakh rupees: | |
| Provided that a declaration is not required to be furnished in respect of the cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54; | ||
| (m) | a Certificate in Annexure 2 of FORM GST RFD-01 issued by a chartered accountant or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed exceeds two lakh rupees: | |
| Provided that a certificate is not required to be furnished in respect of cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54; |
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.
2[(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 formula—
Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) × Net ITC ÷ Adjusted Total Turnover
Where,—
| (A) | “Refund amount” means the maximum refund that is admissible; | |
| (B) | “Net ITC” means input tax credit availed on inputs and input services during the relevant period other than the input tax credit availed for which refund is claimed under sub-rule (4A) or (4B) or both; | |
| (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-rule (4A) or (4B) or both; | |
| (D) | “Turnover of zero-rated supply of services” means the value of zero-rated supply of services made without payment of tax under bond or letter of undertaking, calculated in the following manner, namely:— | |
| Zero-rated supply of services is the aggregate of the payments received during the relevant period for zero-rated supply of services and zero-rated supply of services where supply has been completed for which payment had been received in advance in any period prior to the relevant period reduced by advances received for zero-rated supply of services for which the supply of services has not been completed during the relevant period; | ||
| (E) | “Adjusted Total turnover” means the turnover in a State or a Union territory, as defined under clause (112) of section 2, excluding— |
| (a) | the value of exempt supplies other than zero-rated supplies, and | |
| (b) | the turnover of supplies in respect of which refund is claimed under sub-rule (4A) or (4B) or both, if any, |
| during the relevant period; | ||
| (F) | “Relevant period” means the period for which the claim has been filed. |
3 [ (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.
(4B) In the case of supplies received 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), vide number G.S.R. 1320(E) dated the 23rd October, 2017 or notification No. 41/2017-Integrated Tax (Rate) dated the 23rd October, 2017 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide number G.S.R. 1321(E) dated the 23rd October, 2017 or notification No. 78/2017-Customs dated the 13th October, 2017 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide number G.S.R. 1272(E) dated the 13th October, 2017 or notification No. 79/2017-Customs dated the 13th October, 2017 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), vide number G.S.R. 1299(E) dated the 13th October, 2017, or all of them, refund of input tax credit, availed in respect of inputs received under the said notifications for export of goods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted.]] [ Refer Note -7 ]
4[ (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) × 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 shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rule (4A) or (4B) or both; and | |
| (b) | Adjusted Total turnover shall have the same meaning as assigned to it in sub-rule (4). ] |
[ Refer also Note -7 below]
Notes on Amendments in Rule 89 CGST Rules 2017
7. Rule 89(5) and Rule 89(4b) Circular No 94/13/2019 GST Dated 28th March, 2019 : Clarify how Refund to be given in Inverted duty structure and ITC reversal case
6. Subject to the provisions of section 17(5) of the CGST Act, if event management services, hotel, accommodation services, consumables etc. are received by a SEZ developer or a SEZ unit for authorised operations, as endorsed by the specified officer of the Zone, the benefit of zero rated supply shall be available in such cases to the supplier : Circular No 48/22/2018 GST issued on 14.06.2018
5 Clarifications on exports related refund issues Circular No 37/11/2018 GST Dated the 15th March, 2018
4 Substituted by the Central Goods and Services Tax (Fifth Amendment) Rules, 2018, w.r.e.f. 1-7-2017. Prior to its substitution, sub-rule (5), as substituted by the Central Goods and Services Tax (Fourth Amendment) Rules, 2018, w.e.f. 18-4-2018, read as under :
‘(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) × 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” shall mean input tax credit availed on inputs during the relevant period other than the input tax credit availed for which refund is claimed under sub-rule (4A) or (4B) or both; and | |
| (b) | “Adjusted Total turnover” shall have the same meaning as assigned to it in sub-rule (4).’ |
Earlier Rule 89(5) was Substituted by the Central Goods and Services Tax (Fourth Amendment) Rules, 2018, w.e.f. 18-4-2018. Prior to its substitution, sub-rule (5) read as under :
‘(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) × 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).’
3. Substituted by the Central Goods and Services Tax (Amendment) Rules, 2018, w.r.e.f. 23-10-2017. Prior to their substitution, sub-rules (4A) and (4B) read as under :
“(4A) In the case of supplies received on which the supplier has availed the benefit of Notification No. 48/2017-Central Tax, dated 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.
(4B) In the case of supplies received on which the supplier has availed the benefit of Notification No. 40/2017-Central Tax (Rate), dated 23rd October, 2017 or Notification No. 41/2017-Integrated Tax (Rate), dated 23rd October, 2017, or both, refund of input tax credit, availed in respect of inputs received under the said notifications for export of goods and the input tax credit availed in respect of other inputs or input services to the extent used in making such export of goods, shall be granted.”
2. Sub-rules (4), (4A) and (4B) substituted for sub-rule (4) by the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2017, w.r.e.f. 23-10-2017. Prior to its substitution, sub-rule (4), as amended by the Central Goods and Services Tax (Fourth Amendment) Rules, 2017, w.r.e.f. 1-7-2017, read as under :
‘(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 formula –
Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) × Net ITC ÷ Adjusted Total Turnover
Where,—
| (A) | “Refund amount” means the maximum refund that is admissible; | |
| (B) | “Net ITC” means input tax credit availed on inputs and input services during the relevant period; | |
| (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; | |
| (D) | “Turnover of zero-rated supply of services” means the value of zero-rated supply of services made without payment of tax under bond or letter of undertaking, calculated in the following manner, namely:— | |
| Zero-rated supply of services is the aggregate of the payments received during the relevant period for zero-rated supply of services and zero-rated supply of services where supply has been completed for which payment had been received in advance in any period prior to the relevant period reduced by advances received for zero-rated supply of services for which the supply of services has not been completed during the relevant period; | ||
| (E) | “Adjusted Total turnover” means the turnover in a State or a Union territory, as defined under clause(112) of section 2, excluding the value of exempt supplies other than zero-rated supplies, during the relevant period; | |
| (F) | “Relevant period” means the period for which the claim has been filed.’ |
1. Substituted by the Central Goods and Services Tax (Tenth Amendment) Rules, 2017, w.e.f. 18-10-2017. Prior to its substitution, third proviso read as under :
“Provided also that in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export supplies:”
Other Rules After Rule 89 of CGST Rules 2017
CHAPTER X
REFUND
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