CBIC Notifies Procedure Relating to Sanction, Post-Audit and Review of Refund Claims
the Central Board of Indirect Taxes & Customs (CBIC) i saw Instruction No. 03/2022-GST dated 14th July 2022 Notifies Procedure Relating to Sanction, Post-Audit and Review of Refund Claims.
The Notification is Given Below:
Attention is invited to sub-section (2) of section 107 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “CGST Act”) which provides that the Commissioner may review any decision or order, including an order of refund , with respect to its legality or property and he may direct any officer subordinate to him to file an appeal against the said decision or order within 6 months of the date of communication of the said decision or order. Reference is further drawn to entry against the subject pre-audit in table under para 3 .3 of the Circular 17 /17/2017-GST dated 15.11.2017 wherein it has been stated that pre-audit of refund orders is not required to be carried out but the post-audit of the refund orders may, however, continue on the basis of extant guidelines.
2. Subsequently, the Board has been receiving reports of different practices being followed by the field formations regarding sanction, review and post-audit of refund claims. In certain Commissionerates, speaking orders are being issued in respect of all refund claims, whereas in others, speaking orders are not being issued if the refund is sanctioned in full. Similarly, in case of review and post-audit, different practices are being followed by the field formations. The matter has been examined with the twin purpose of ensuring uniformity in procedure and enabling effective monitoring of sanction of refund claims in order to safeguard interest of revenue. Accordingly, the Board hereby issues the following instructions/guidelines for sanction, post-audit and review of refunds:
2.1 Sanction of Refund
2.1.1 Detailed guidelines for processing of refund claims in GST have been issued by the Board vide Circular No. 17/17/2017 -GST dated 15.11.2017 (for manual processing of refunds) and Circular No. 125/44/2019- GST dated 18.11.2019 (for electronic filing and online processing of refunds) to ensure uniformity in processing of refund claims. In both of these Circulars, it has been mentioned that the proper officer shall follow the principle of natural justice before taking the final decision with regard to refund claim. Principle of natural justice inter-alia provides that a detailed speaking order needs to be issued providing a basis for sanction/rejection of refund. Therefore, while passing the refund sanction order in FORM GST RFD-06, the proper officer should also upload a detailed speaking order along with refund sanction order in FORM GST RFD-06. In order to ensure uniformity in issuance of such speaking order, it is clarified that such speaking order should inter alia contain the following details:
A. Details for all category of refund claims:
a) The period for which refund claim has been filed, date of filing & the category in which refund has been claimed.
b) Whether it has been checked that a refund claim for the same period has not been filed in the same category including any claim filed under ‘Any Other’ Category.
c) Details of Deficiency Memo, if any, in FORM GST RFD-03 issued in respect of the said refund claim previously.
d) Whether the refund claim has been filed within limitation of time, as provided under CGST Act and Rules thereof, including in the cases, where Deficiency Memo in FORM GST RFD-03 had been issued previously.
e) Details of the documents/ statements uploaded along with the refund claim. Whether all the necessary documents have been uploaded with the refund claim in terms of rule 89(2) of the CGST Rules. Details of document furnished by the applicant via e-mail/ in soft copy/ in hard copy, if any, may also be provided.
f) Whether all the due returns have been filed by the applicant or not, whether any dues are pending recovery from the applicant, and whether refund is required to be withheld/ any amount is required to be deducted as per provisions of section 54( 10 ) of CGST Act on account of non-filing of returns or dues being pending for recovery from the applicant.
g) Whether any SCN was issued to the applicant. Details of reply of the applicant and PH details.
h Discussion and findings in respect of applicant submission. Details of case laws relied upon in deciding the matter, if any.
i) Whether provisions of unjust enrichment are applicable or not in terms of the provisions of section 54(8) of the CGST Act. If unjust enrichment is applicable in the refund, whether the applicant has furnished due documents/ certificates, in terms of clause (b) of section 54(4) of CGST Act, certifying/ establishing not passing burden of tax, in respect of which refund is being claimed, on any other person.
B. Additional details in case of the refund of accumulated ITC (on account of zero rated supplies/ inverted rated structure) and refund of IGST paid on account of zero-rated supplies:
a) Whether the refund amount claimed has been debited from the electronic credit ledger, in terms of sub-rule (3) of rule 89 of CGST Rules.
b) In case of refund of IGST paid on account of zero-rated supplies, whether the amount of IGST has been paid through GSTR-3B return.
c) Whether the calculation given by the applicant of export/ zero-rated turnover, adjusted aggregate turnover, turnover of inverted duty supplies, as applicable, is correct as per the relevant provisions.
d) Whether calculation of Net ITC, where ever applicable, is correct as per the relevant provisions. Also, whether the verification of admissibility of ITC as per the provisions of GST Law has been done or not and the findings thereof.
e) Whether it has been verified that ITC on capital goods has not been included in calculation of Net ITC for refund of ITC in zero rated supplies.
f) Whether it has been verified that ITC in respect of input services as well as capital goods is not included in calculation of Net ITC in case of inverted tax structure refund.
g) Whether refund has been restricted to the ITC as per those invoices, details of which are uploaded by the supplier in FORM GSTR-1 and are reflected in FORM GSTR-2A of the applicant in terms of Circular No. 135/05/2020 -GST dated 31.03.2020.
h) Whether the refund is barred under the provisions of 2nd and 3rd provision to section 54(3) of the CGST Act, 2017.
i) Details of computation of refund claim amount as per the relevant provisions/prescribed formula in the Act/ Rules and verification whether the refund amount claimed is correct or not.
j) In case of refund on account of investment, whether the supply qualifies for refund of unutilized ITC under clause (ii) of P1 provided to section 54(3) of the CGST Act, 2017.
k) In case of refund on account of export of goods, whether the details of shipping bill/bill of exports, where ever applicable, have been verified from the ICEGATE portal.
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