In Under GST, Exports and supplies to SEZ are zero rated as per
section 16 of the IGST Act, 2017. By zero rating it is meant that
the entire supply chain of a particular zero rated supply is tax
free i.e. there is no burden of tax either on the input side or on
output side. This is in contrast with exempted supplies, where
only output is exempted from tax but tax is levied on the input
side. The essence of zero rating is to make Indian goods and
services competitive in the international market by ensuring
that taxes do not get added to the cost of exports.
The objective of zero rating of exports and supplies to SEZ
is sought to be achieved through the provision contained
in Section 16(3) of the IGST Act, 2017, which mandates that a
registered person making a zero rated supply is eligible to claim
refund in accordance with the provisions of section 54 of the

CGST Act, 2017, under either of the following options, namely: –
• he may supply goods or services or both under bond
or Letter of Undertaking, subject to such conditions, safeguards
and procedure as may be prescribed, without payment of
integrated tax (IGST) and claim refund of unutilised input tax
credit of Central tax (CGST), State tax (SGST) / Union territory
tax (UTGST) and integrated tax (IGST); or


• he may supply goods or services or both, subject
to such conditions, safeguards and procedure as may be
prescribed, on payment of integrated tax and claim refund of
such tax paid on goods or services or both supplied.
The second category pertains to refund of integrated tax paid
for the zero-rated supplies made by suppliers who opt for the
route of export on payment of integrated tax and claim refund
of such tax paid. There can be two sub-categories of such


suppliers namely, -
1. Exporter of goods
2. Service exporters and persons making
Export of Goods
supplies The normal refund application in GST RFD-01 is not
As per Rule 96, the refund of IGST paid on export of goods
Directorate General of Taxpayer Services
CENTRAL BOARD OF EXCISE & CUSTOMS
www.cbec.gov.in
applicable in this case. There is no need for filing a separate
refund claim as the shipping bill filed by the exporter is itself
treated as a refund claim. As per rule 96 of the CGST Rules,
2017, the shipping bill filed by an exporter shall be deemed to
be an application for refund of integrated tax paid on the goods
exported out of India and such application shall be deemed to
have been filed only when:-
(a) the person in charge of the conveyance carrying the export
goods duly files an export manifest or an export report covering
the number and the date of shipping bills or bills of export; and
(b) the applicant has furnished a valid return in FORM GSTR-3 or
FORM GSTR3B, as the case may be.


Thus, once the shipping bill and export general manifest (EGM)
is filed and a valid return is filed, the application for refund shall
be considered to have been filed and refund shall be processed
by the department.


Since the system of filing of return in FORM GSTR-3 has
not started so far, the refund of integrated tax on export of
goods would be granted based on FORM GSTR-1 and FORM
GSTR-3B for the time being. The details of the relevant export
invoices contained in FORM GSTR-1 (or Table 6A thereof) shall
be transmitted electronically by the common portal to the
system designated by the Customs and the said system shall
electronically transmit to the common portal, a confirmation
that the goods covered by the said invoices have been exported
out of India.


Upon receipt of the information regarding the furnishing of
a valid return in FORM GSTR-3 or FORM GSTR-3B, as the case
may be and FORM GSTR-1 from the common portal, the system
designated by the Customs shall process the claim for refund
and an amount equal to the integrated tax paid in respect
of each shipping bill or bill of export shall be electronically
credited to the bank account of the applicant mentioned in
his registration particulars and as intimated to the Customs
authorities.

is processed and disbursed by Customs. For processing such
refund, GST system transmits invoice level data of Table 6A in
GSTR 1 subject to the following validations: -
1. GSTR-3B is filed for the corresponding period, with admitted
tax liability under Table 3.1(b);


2. Export invoices are submitted in GSTR-1/Table 6A and have
correct shipping bill number, shipping bill date and port code;


3.The admitted tax liability of IGST under table 3.1(b) of GSTR3B,
is equal to, or greater than, the IGST amount claimed to have
been paid under Table 6A of GSTR-1 of the corresponding period.
It may be noted that Rule 96(9) has been inserted, w.e.f 23.10.2017,
in CGST Rules, 2017 vide Notification no. 75/2017-Central Tax dated
29.12.2017 so as to provide that the refund of integrated tax paid
on export of goods or services is not permitted to such persons
who have received supplies on which the supplier has availed the
benefit of Notification no. 48/2017-Central Tax dated 18.10.2017 or
Notification no. 40/2017- Central Tax (Rate) dated 23.10.2017 or
notification No. 41/2017-Integrated Tax (Rate) dated 23.10.2017.
Service Exporters and Persons making supplies to SEZ
Under this category also, the supplier may choose to first pay
IGST and then claim refund of the IGST so paid. In these cases,
the suppliers will have to file refund claim in FORM GST RFD –
01 on the common portal, as per Rule 89(1) of the CGST Rules,
2017.

Service Exporters need to file 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, along with the refund claim.


In so far as refund is on account of supplies made to SEZ, the
DTA supplier will have to file the refund claim in such cases. The
second proviso to Rule 89(1) stipulates 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;
(b) supplier of services along with such evidence regarding
receipt of services for authorised operations as endorsed by the
specified officer of the Zone.
Thus, proof of receipt of goods or services as evidenced by the
specified officer of the zone is a pre-requisite for filing of refund


claim by the DTA supplier.
The claim for refund when made for supplies made to SEZ unit/
Developer has to be filed along with the following documents:


1. 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 rule 89(1) in the
case of the supply of goods made to a Special Economic Zone unit
or a Special Economic Zone developer;


2. a statement containing the number and date of invoices, the
evidence regarding the endorsement specified in the second
proviso to rule 89(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;


3. 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.


Manual filing of claims
Till such time as full-fledged refund module is operationalised by
GSTN, manual filing of claims has been prescribed vide Circular
no.17/17/2017-GST dated 15.11.2017 & Circular no. 24/24/2017-GST
dated 21.12.2017. The application for refund of IGST paid on zerorated
supply of goods to a Special Economic Zone developer or
a Special Economic Zone unit or in case of zero-rated supply of
services is required to be filed in FORM GST RFD-01A (as notified
in the CGST Rules, 2017 vide Notification no. 55/2017 – Central Tax
dated 15.11.2017) by the supplier on the common portal and a print
out of the said form shall be submitted before the jurisdictional
proper officer along with all necessary documentary evidences as
applicable (as per the details in statement 2 or 4 of Annexure to
FORM GST RFD – 01), within the time stipulated for filing of such
refund under the CGST Act, 2017.


Refund amount to be sanctioned by respective authorities
Para 2.5 of Circular no. 17/17/2017-GST dated 15.11.2017 may be
referred to in order to ascertain the jurisdictional proper officer
to whom the manual application for refund is to be submitted.
Where any amount claimed as refund is rejected under rule 92 of
the CGST Rules, 2017, either fully or partly, the amount debited, to

the extent of rejection, shall be re-credited to the electronic credit
ledger by an order made in FORM GST RFD-1B until the FORM GST
PMT-03 is available on the common portal. Further, the payment of
the sanctioned refund amount shall be made only by the respective
tax authority of the Central or State Government. Thus, the refund
order issued either by the Central tax authority or the State tax/UT
tax authority shall be communicated to the concerned counter- part
tax authority within seven working days for the purpose of payment
of the relevant sanctioned refund amount of tax or cess, as the case
may be. This time limit of seven working days is also applicable to
refund claims in respect of zero-rated supplies being processed as
per Circular no. 17/17/2017-GST dated 15.11.2017 as against the time
limit of three days prescribed in para 4 of the said Circular. It must be
ensured that the timelines specified under section 54(7) of the CGST
Act, 2017 and rule 91(2) of the CGST Rules, 2017 for the sanction of
refund are adhered to.


Special Procedure to facilitate smooth refund of Central Tax
and State Tax
In order to facilitate sanction of refund amount of central tax and
State tax by the respective tax authorities, it has been decided
that both the Central and State Tax authority shall nominate nodal
officer(s) for the purpose of liasioning through a dedicated e-mail
id. Where the amount of central tax and State tax refund is ordered
to be sanctioned provisionally by the Central tax authority and
a sanction order is passed in accordance with the provisions of
rule 91(2) of the CGST Rules, 2017, the Central tax authority shall
communicate the same, through the nodal officer, to the State tax
authority for making payment of the sanctioned refund amount in
relation to State tax and vice versa.

The aforesaid communication
shall primarily be made through e-mail attaching the scanned
copies of the sanction order [FORM GST RFD-04 and FORM GST
RFD-06], the application for refund in FORM GST RFD-01A and
the Acknowledgement Receipt Number (ARN). Accordingly, the
jurisdictional proper officer of Central or State Tax, as the case may
be, shall issue FORM GST RFD-05 and send it to the DDO for onward
transmission for release of payment. After release of payment
by the respective PAO to the applicant’s bank account, the nodal
officer of Central tax and State tax authority shall inform each other.
The manner of communication as referred earlier shall be followed
at the time of final sanctioning of the refund also.


Where to file the refund claims
The registered person needs to file the refund claim with the
jurisdictional tax authority to which the taxpayer has been assigned
as per the administrative order issued in this regard by the Chief
Commissioner of Central Tax and the Commissioner of State Tax. In
case such an order has not been issued in the State, the registered
person is at liberty to apply for refund before the Central Tax
Authority or State Tax Authority till the administrative mechanism
for assigning of taxpayers to respective authority is implemented.
However, in the latter case, an undertaking is required to be
submitted stating that the claim for sanction of refund has been
made to only one of the authorities.

It is reiterated that the
Central Tax officers shall facilitate the processing of the refund
claims of all registered persons whether or not such person was
registered with the Central Government in the earlier regime
Modalities/Records in respect of manual refund claims
The Circular No.17/17/2017-GST dated 15.11.2017 and circular
no.24/24/2017-GST dated 21.12.2017 lays down the modalities for
maintenance of records in respect of such manual refund claims,
which needs to be adhered to scrupulously. The time limits laid
down in the Act need to be followed and the prescribed forms
need to be generated manually for processing of such refund
claims.


Grant of Provisional Refund
The above category of persons making zero rated supplies will
be entitled to provisional refund of 90% of the claim in terms of
Section 54(6) of CGST Act, 2017.
Rule 91 of CGST Rules, 2017 provide that the provisional refund is
to be granted within 7 days from the date of acknowledgement of
the refund claim. An order for provisional refund is to be issued in
Form GST RFD 04 along with payment advice in the name of the
claimant in Form GST RFD 05. The amount will be electronically
credited to the claimant’s bank account. Rule 91 also prescribe
that the provisional refund will not be granted if the person
claiming refund has, during any period of five years immediately
preceding the tax period to which the claim for refund relates,
been prosecuted for any offence under the Act or under an earlier
law where the amount of tax evaded exceeds two hundred and
fifty lakh rupees.

Buy on PrerakDeziners.com  | Buy on Amazon.in  |  Buy on Flipkart.com