Notification: GST Refunds Automation for Exporters and Suppliers to SEZ may Start from June. Q 24. Learn about companies, trademarks, GST and other business problems. 01.03.2021, Formats Resolutions related to Banking Operations, Interesting facts about education loans that you may not know, Submit Letter of Undertaking (LUT) for FY 2021-22 by 31.03.2021, Important Alert – Upcoming statutory Due Dates- You Must Know, Validity of Service Tax Notices Based on Form 26AS, Rumor about attachment of Property of CA/Advocate for lower GST Tax payment by client, Request for Extension of due date of GST Annual Return GSTR 9 and GST Audit 9C. Hence, knowing the correct relevant date is very important for the purpose of GST in India. Relevance of relevant date for refund under Rule 5 for export of services . 35/2020-Central Tax, time limit for filing of LUT for the year 2020-21 shall stand extended to 30.06.2020 and the taxpayer can continue to make the supply without payment of tax under LUT provided that the FORM GST RFD-11 for 2020-21 is furnished on or before 30.06.2020. 29/06/2019. In other words, whether this amendment in said section would apply prospectively or retrospectively. Relevant date in case of refund are as follows: Refund is very important provisions under GST laws and It is granted to eligible taxpayers on meeting out certain conditions. In case if the goods are exported by post, The relevant date in the case of services exported out of, is the inputs or input services used in such services. In case of refund as mentioned in point no. Subscribe for free magazine and our startup network. (e) in the case of refund of unutilised input tax credit under clause (ii) of the first proviso to sub-section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises; Now, let us understand the impact of both the said provisions with the help of a following chart for better analysis in which we will see the different due dates to file refund for the m/o July, 2017 as per the said section Before amendment vs After amendment w.e.f. The time limit for claiming the GST refund is 2 years from the relevant date. The meaning of relevant date is very important in regard to refund provisions under GST. Section 54(1) of CGST Act 2017 provides the time limit of two years from the relevant date within which refund can be filed by registered taxable person. The different ‘relevant date ... GST Refund for Exports. In the case of goods exported out of India and where a refund of tax paid is available to the applicant in respect of the goods themselves or, as the case may be, the inputs or input services used in such goods, then the relevant date: In the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is filed. Such refund may be claimed in the return filed in regular manner by the taxable person if refund is related to credit balance in electronic cash ledger. Practically, in current scenario, some Refund Processing Officers under GST are not granting refund for the period July, 2017 to Jan, 2018 by issuing Show Cause Notice in Form GST RFD-08 on the ground that it is time barred on account of lapse of prescribed two years from the relevant due date of furnishing return under section 39 of CGST Act, 2017 i.e., 25-08-2019 … It is worthwhile to mention that the time limit for any compliance which falls during the period from 20th day of March, 2020 to the 30th day of Aug, 2020 is extended till 31st August, 2020 vide Notification No. Copyright © TaxGuru. 11/2019 No. (e) in the case of refund of unutilised input tax credit under sub-section (3), the end of the financial year in which such claim for refund arises. Such supply … As per explanation 2 sub-clause (h) of Section 54(14) says only date of Payment of tax will be Relevant date. 16/2020 dated 23rd March, 2020. Further, reliance is also placed upon judgment of Hon’ble Tribunal’s Larger bench order in the case of CELLULOSE PRODUCTS OF INDIA LTD. 1993 (64) E.L.T. Yes, interest @6% will be paid after the expiry of 60 days from the date of passing of the final order for refund. But a registered taxpayer may convince the concerned RPO, by drafting a proper reply along with required documents and the strong grounds in Form GST RFD-09 online on the portal within 15 days of issuance of notice, for granting refund arises due to inverted duty structure for the period July, 2017 to Jan, 2018. “Moreover, it is advisable that the registered taxpayers should file a refund claim on account of inverted duty structure for the period Feb,18 to July,18 on or before 31st Aug, 20 which is within the amended time limit as provided under section 54 of CGST Act 2017 and the benefit given vide Notification No. Hence, in case any refund of … RELEVANT DATE GST REFUND, Goods and Services Tax GST. Earlier, the due date was December 31. Notification to extend the due date for filing FORM GSTR-4 for ... was paid on 17.10.2017 and the final order setting aside the order was issued on the year 2019.. what would be the relevant date to file the refund of the interest and penalty paid? 31st August, 2020 – Last date to file GST refund on account of Inverted Duty Structure for FY 2017-18? Relevant date for filing of each kind of refund needs to be defined separately. 9 May 2020. Seeks to prescribe the due date for furnishing FORM GSTR-1 by such class of registered persons having aggregate turnover of more than 1.5 crore rupees in the preceding financial year or the current financial year, for each of the months from October, 2020 to March, 2021. If you have any query, you can email the same to info@hubco.in. by facelesscompliance in GST, GST Circular Notification. This may happen as the Department of Revenue is considering to introduce faceless scrutiny of refunds that will, in … Online Procedure and documentation for Export Refund application under GST from April 2020. Disclaimer: The views presented are in personal and generic form and not as a legal advice. notified under section 55 shall apply the refund through GST Form GST RFD-10 before the expiry of six months from the last day of the quarter in which such supply was received. In view of author, the change in time limit for filing refund claim can’t be said to be retrospective merely because it relates to past action. This is because the section 54 of CGST states that any person claiming refund may make an application before the expiry of two years from the, Hence, knowing the correct relevant date is very important for the purpose of, 2.0 Relevant date in case of export of goods. Ans. If the claim is in order then the refund has to be sanctioned within a period of 60 days from the date of receipt of the claim. 54 of CGST Act, 2017, “relevant date” means – a) in the case of goods exported out of India where a refund of tax paid is available in respect of goods themselves or, as the case may be, the inputs or input services used in such goods, - Every claim of refund has to be filed in Form GST RFD 1. The relevant date of issue of invoice, where payment for the service had been received in advance prior to the date of issue of the invoice. 01.02.2019. 01-02-2019. 35/2020 – Central Tax dated 03-04-2020 with amendment vide Notification No. within relevant date Section 54 of CGST Act has prescribed the definition of relevant date and such relevant date plays a crucial role in claiming GST refund. The relevant invoic e shall be submitted. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. The GST law requires that every claim for refund is to be filed within 2 years from the relevant date. or. This article is penned down to analyse the legal issue that arises in respect of Refund of unutilised Input Tax Credit (ITC) on account of Inverted Duty Structure under GST regime after an amendment in clause pertaining to time period prescribed for filling refund application w.e.f. An amended section can’t be enforced retrospectively thereby a registered taxpayer still has time in respect of refund claim pertaining to period July,17. There is a time limit for claiming a refund of any tax and interest up to two years from the relevant date. Dear Sir, Thanks for your reply Sir! Ans. 74/2020-Central Tax dated 15.10.2020. Let us understand the concept of relevant date. Relevant date is different in every case which is mentioned in Explanation 2 to section 54,which are as follows: As per section 54(3) (ii), refund of unutilised input tax credit shall be where the credit has accumulated on account of rate of tax on inputs being higher than the rate of tax on output supplies (other than nil rated or fully exempt supplies), except supplies of goods or services or both as may be notified by the Government on the recommendations of the Council. TIOL-DDT 2108 20.05.2013 Monday . Good news for taxpayers – Much awaited option “Consolidated Debit/Credit note” enabled on GST portal, Budget 2021: Amendments proposed in Section 74, 107, 151, 152 & 168 of CGST Act, 2017, Proposed prosecution amendments under GST vide Budget 2021, Extended power under Section 83 of CGST Act, 2017 by Finance Bill, 2021, Amount received for security services including amount of wages for guards taxable @18%, Fino Payments Bank Limited included in Second Schedule of RBI Act, 1934, SOP for Vehicle Location Tracking, registration & activation in VAHAN, Physical hearing by NCLT Benches w.e.f. All Rights Reserved. Budget 2021: GST Audit by professionals scrapped? Thus, legislations which modified accrued rights or which imposes obligations or imposes new duties or attach a new disability have to be treated as prospective unless the legislative intent is clear to give the enactment a retrospective effect.”. 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