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Cess-refund to sez

Others 224 views 3 replies
A taxpayer under gst supplies goods to unit in sez without payment of tax. on purchase of the said merchandise cess is applicable. the total refundable cess is 3.5 lacs (other that cess all input is utilised) . while applying for the refund via RFD1 whether CA certificate is mandatory
Replies (3)
Yes under Rule 89(2) , the CA certificate is required if Refund claim exceeds 2lac rupees

Read more at: https://www.caclubindia.com/forum/ca-certification-under-rule-89-2-m-and-statement-7-under-rule-89-2-k--577704.asp
Thank you for your response. but the refund in my query is related to section 54(8)(c) isn't it sir?

No 

Your query related  to section 54(3) & proviso under subsection (4) r/w rule 89(1) & 89(2)(l)

Yes you are correct  the 'doctrine of unjust  enrichment "is not applicable upto the amount 2 lac but if it is exceeding,  then ca  certificate  is required. 

Note : from 1/2/2019 u/s 54(8)(a) the word  "Zero rated" has been substituted  by "Export" and Exports, thus with this amendment,  in case of refund claim arising out of supply  to Sez is also being brought  under principal of UNJUST ENRICHMENT 


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