GST Circular 166/2021 | Clarification on refund related issues

GST Circular No 166/2021

Clarification on refund related issues

Q. 1
Whether the provisions of sub section (1) of section 54 of the CGST Act regarding time period, ( refund application may make before the expiry of two years from the relevant date) within which an application for refund can be filed,would be applicable in cases of refund of excess balance in electronic cash Ledger?

A:- No, in cases of refund of excess balance in electronic cash ledger , refund application cab be filled anytime.

Q. 2
Whether certification/ declaration under Rule 89(2)(l) or 89(2)(m) of CGST Rules, 2017 is required to be furnished along with the application for refund of excess balance in electronic cash ledger?

A:- No, furnishing of certification/ declaration for not passing the incidence of Tax to any other person is not required in cases of refund of excess balance in electronic cash ledger as unjust enrichment clause is not applicable in such cases.
Rule 89(2)(1) required 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.
Rule 89(2)(m) required a Certificate in 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:

Q. 3
Whether refund of TDS/TCS deposited in electronic cash ledger under the provisions of section 51/52 of the CGST Act can be
refunded as excess balance in cash ledger?

A:- Yes,
Any amount, which remains unutilized in electronic cash ledger, after discharge of tax dues and other dues payable under CGST Act and rules made thereunder, can be refunded to the registered person as excess balance in electronic cash ledger in
accordance with the proviso to sub-section (1) of section 54, read with sub-section (6) of section 49 of CGST Act.

Q. 4
Whether relevant date for the refund of tax paid on supplies regarded as deemed export by recipient is to be determined as per clause (b) of Explanation (2) under section 54 of CGST Act and if so, whether the date of return filed by the supplier or date of return filed by the recipient will be relevant for the purpose of determining relevant date for such refunds?

A:- Relevant date for purpose of filing of refund claim for refund of tax paid on deemed export would be the date of filing of return, related to such supplies, by the supplier.

Clause (b) of Explanation (2) under Section
54 of CGST Act reads as under:

“(b) 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 furnished;”

On perusal of the above, it is clear that clause (b) of Explanation (2) under section 54 of the CGST Act is applicable for determining relevant date in respect of refund of amount of tax paid on the supply of goods regarded as deemed exports, irrespective of the fact whether the refund claim is filed by the supplier or by the recipient.

Further, as the tax on the supply of goods, regarded as deemed export, would be paid by the supplier in his return, therefore, the relevant date for purpose of filing of refund claim for refund of tax paid on such supplies would be the date of filing of return, related to such supplies, by the supplier.

IRIS GST

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