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regarding refund of SEZ amount

shraddha atal (article) (33 Points)

18 June 2018

in case of refund excess of rs.200000 required can declaration or not?

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Ravi SADhiyan (Practice) (4510 Points)
Replied 18 June 2018

Originally posted by : shraddha atal
	in case of refund excess of rs.200000 required can declaration or not?

Yes

89. Application for refund of tax, interest, penalty, fees or any other amount.

m) a Certificate in Annexure 2 of FORM GST RFD-01 issued by a chartered accountant or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed exceeds two lakh rupees:

Provided that a certificate is not required to be furnished in respect of cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of subsection (8) of section 54;

Explanation.– For the purposes of this rule-
(i) in case of refunds referred to in clause (c) of sub-section (8) of section 54, the expression ―invoice means invoice conforming to the provisions contained in section 31;
(ii) where the amount of tax has been recovered from the recipient, it shall be deemed that the incidence of tax has been passed on to the ultimate consumer.

Raghav Nandan Gupta (64 Points)
Replied 19 June 2018

If the refund is related to SEZ supplies then no declaration or certificate from CA is required .
As per Rule 89(2)
[l] a declaration to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed does not exceed two lakh rupees:

Provided that a declaration is not required to be furnished in respect of the cases covered under clause [a] or clause [b] or clause [c] or clause [d] or clause [f] of sub-section [8] of section 54;

[m] a Certificate in Annexure 2 of FORM GST RFD-01 issued by a chartered accountant or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed exceeds two lakh rupees:

Provided that a certificate is not required to be furnished in respect of cases covered under clause [a] or clause [b] or clause [c] or clause [d] or clause [f] of subsection [8] of section 54;

As it is clearly mentioned that certificate is not required if refund is under clause [a] or clause [b] or clause [c] or clause [d] or clause [f] of subsection [8] of section 54
and clause (a) is related to zero rated supply which includes Sez supply.

shraddha atal (article) (33 Points)
Replied 19 June 2018

I'm confused between your answer so please guide me

Raghav Nandan Gupta (64 Points)
Replied 19 June 2018

Read last para of Rule 89(2)(l) and (m) which says that certificate or declaration is not required in case refund is under clause [a] or clause [b] or clause [c] or clause [d] or clause [f] of subsection [8] of section 54
and clause (a) is related to zero rated supply which includes Sez supply. Hence certificate or declaration is not required in case of refund related to SEZ supply.