However to claim refund under GST taxpayers has to file refund application in prescribed period of time i.e. In order to submit a comment to this post, please write this code along with your comment: 03f84632d015fb1b209e5a2e151d8bb8. It is recommended that a period of one year from the relevant date may be allowed for filing of refund application. Every claim of refund has to be filed in Form GST RFD 1. Subscribe for free magazine and our startup network. However, as we delve deeper into the issue, the question arises whether the change in time limit for filing refund claim would apply only for the tax period reckoning from the February, 2019 onwards or will also hit the refund application filed after 01.02.2019 but pertaining to the tax period(s) prior to February, 2019. Budget 2021: A new condition introduced to avail Input Tax Credit. 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? Two years from the end of F.Y. In light of the above provisions, refund of unutilised input tax credit due to inverted duty structure can be filed within two years from the end of Financial year in which such claim for refund arises. Notification; Recent Posts. (2.) Copyright © TaxGuru. Further, Clause (e) to explanation (2) to section 54(14) of CGST Act 2017 has been amended by section 23 of CGST (Amendment) Act 2018 in the following manner with effect from 1st Feb, 2019: –. 13/2017- Central Tax dated 28-06-2017 has prescribed, on the recommendation of the Council, 6% as the rate of interest for a refund withheld under sub-section (11) of section 54. In the case where tax is paid provisionally under this Act or the rules made there under, the relevant date is the date of adjustment of tax after the final assessment thereof; In the case of a person, other than the supplier, the relevant date is the date of receipt of goods or services by such person. 2017 or 2019? In view of the author, reliance is placed upon the judgment in the case of Mcdonalds India Pvt Ltd vs Delhi 2019 wherein the double bench of CESTAT, Delhi held the following: –, “the basic principle for ascertaining the retrospectivity of legislation is a principle of ‘fairness’. Every refund claim filed on or after 01st Feb 2019 will be governed by amended section 54 of CGST Act 2017 even if the refund claim pertains to period prior to 1st Feb, 2019. “However, a clarification from the Government for time limit in this regard would be a magical bullet for both the taxpayers as well as the Department in order to avoid numerous litigations and proceedings in future.”. There is a time limit for claiming a refund of any tax and interest up to two years from the relevant date. The Relevant date is different in different scenarios. Relevant date in case of refund are as follows: In case of refund of IGST on export of goods, there is no need to file form GST RFD-01 since shipping bill filled by exporter is itself treated as a refund claim. The meaning of relevant date is very important in regard to refund provisions under GST. In any other case, the relevant date for refund of tax is the date of payment of tax. Here are the dates for some cases: Cases for claiming the refund Relevant date Goods exported through air or sea: The date on which such ship or aircraft leaves India. In case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, the date of communication of such judgment, decree, order or direction. 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. Relevant date is different in every case which is mentioned in Explanation 2 to section 54,which are as follows: Q 24. by facelesscompliance in GST, GST Circular Notification. 01.02.2019 is The end of financial year due date of furnishing of return under section 39 for the period vide clause 23 (b) (ii) of CGST Amendment Act, 2018, w.e.f. Relevance of relevant date for refund under Rule 5 for export of services . Ans. (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. 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, - What is the meaning of relevant date for refund under GST? Government of India Ministry of Finance (Department of Revenue) Central Board of Excise & Customs, New Delhi dated 1-1-2010 INSTRUCTION Subject : Relevant date for filing the refund claim under Notification No. Relevant date for filing of each kind of refund needs to be defined separately. 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. In case if the goods are exported by sea or air. 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. Under GST this time period is 2 years. Before going further, let us understand all the relevant legal provisions pertaining to Refund of accumulated ITC due to Inverted Duty Structure under GST law. In any other case refund can be applied with in 2 year from the relevant date. Brief Understanding of Provisions As per Section 16 (1) of IGST Act, 2017, exports of goods or services or both and supplies of goods … For all other cases, relevant date … 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. notified under section 55. 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