or. When the person claiming refund is not the supplier, then relevant date shall be the date at which the goods are received by such person. Gst, Goods And Service Tax, Relevant Date, Refund Under Gst, All about GST Registration – The GST Registration process Guide. Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed: In order to have a clear understanding, Clause (e) to explanation (2) to section 54(14) which defines the ‘relevant date’ is reproduced below: “Explanation – For the purpose of this section, —. 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. 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. notified under section 55. Online Procedure and documentation for Export Refund application under GST from April 2020. A person can make an application for refund of GST before expiry of two years from the relevant date in such form and manner as may be prescribed. Denial of ITC (inverted duty structure) invalid; Rule 89(5) ultra vires section 54(3) Provisions: Gujarat HC. Any person claiming refund of any balance in electronic cash ledger, may claim such refund through return furnished in form GSTR-3b / GSTR-4 /GSTR-7 as the case may be. Relevant date in case of refund are as follows: Section 54 of CGST Act 2017: Refund of Tax (CHAPTER XI – REFUNDS) (1) Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date … GST on Sale/transfer/disposal of Capital Goods – A new pandora box under GST! Notification: GST Refunds Automation for Exporters and Suppliers to SEZ may Start from June. Subscribe for free magazine and our startup network. Under GST this time period is 2 years. The time limit for claiming the GST refund is 2 years from the relevant date. Relevant Date As per explanation to Sec. In any other case, the relevant date for refund of tax is the date of payment of tax. Two years from the due date for furnishing of return under section 39 for the period in which such claim for refund arises. In case if the goods are exported by land. the last date of payment of tax. 5 of above, refund can be apply with in 6 months from the last day of quarter in which such supply was received. Hence, in case any refund of … 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. where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, In the case of refund of unutilized input tax credit, the relevant date is, In the case where tax is paid provisionally under this Act or the rules made, In the case of a person, other than the supplier, the relevant date is, If you have any query, you can email the same to. 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