Amendment status not verified — confirm the current text below against the official source.
(l) Any person cloiming refund ofony tox ond interest, if ony, poid on such tox or ony other omount poid by him, moy moke on opplicotion before the expiry of two yeors from the relevont dote in such form ond monner os moy be prescribed: Provided thot o registered person, cloiming refund of ony bolonce in the electronic cosh ledger in occordonce with the provisions of sub-section (6) of section 49, moy cloim such refund in the return furnished under sedion 39 in such monner os moy be prescribed. (2) A speciolized ogency of the United Notions Orgonizotion or ony Multiloterol Finonciol lnstitution ond Orgonizotion notitied under the United Notions (Privileges ond lmmunities) Act, 1947, Consulote or Embossy of foreign counties or ony other person or closs of persons, os notified under sedion 55, entitled to o refund of tox poid by it on inword supplies of goods or services or both, moy moke on opplicotion for such refund, in such form ond monner os moy be prescribed, before the expiry of six months from the lost doy of the quorter in which such supply wos received. (3) Subject to the provisions oI sub- section (10), o registered person moy cloim refund of ony unutilised input tox credit ot the end of ony tox period: Refund of tox. 46 oI 1947 r83 Provided thot no refund of unutilised input tox credit sholl be ollowed in coses other thon- (i) zero-roted supplies mode without poyment o, tox; (ii) where the credit hos occumuloted on occount of rote of tox on inputs being higher thon the rote of tox on output supplies (other thon nil roted or fully exempt supplies), except supplies of goods or services or both os moy be notified by the Government on the recommendotions oI the Council: Provided further ttrot no refund of unutilised input tox credit sholl be ollowed in coses where the goods exported out of lndio ore subjected to export duty: Provided olso thot no refund of input tox credit sholl be ollowed, if the supplier of goods or services or both cloims refund of the integroted tox poid on such supplies. (4) The opplicotion sholl be occomponied by- (o) such documentory evidence os moy be prescribed to estoblish hoto refund is due to the opplicont; ond (b) such documentory or other evidence (including the documents referred to in section 33) os the opplicont moy furnish to estoblish thot the omount of tox ond interest, if ony, poid on such tox or ony otreromount poid in relotion to which such 184 refund is cloimed wos collected from, or poid by, him ond the incidence ol such tox ond interest hod not been possed on to ony other person: Provided thot where the omount cloimed os relund is less thon two lokh rupees, it sholl not be necessory for the opplicont to furnish ony documentory ond other eviciences but he moy file o declorotion, bosed on the documentory or other evidences ovoiloble with him, certifying thotthe incidence of such tox ond interest hod not been possed on to ony other person. (5) lf, on receipt of ony such opplicotion, the proper officer is sotisfied thot the whole or port of the omount cloimed os relund is refundoble, he moy moke on order occordingly ond the omount so determined sholl be credited to the Fund refened to in section 57. (6) Notwithsto nding o nyth ing contoined in sub-section (5), the proper officer moy, in the cose of ony cloim lor refund on occount of zeroroted supply of goods or services or both mode by registered persons, other thon such cotegory of registered persons os moy be notified by the Government on the recommen- dotions of the Council, refund on o provisionol bosis, ninety per cent. of the totol omount so cloimed, excluding the omount of input tox credit provisionolly occepted, in such monner ond 185 subiect to such cond ition s, limitotions ond sofeguords os moy be prescribed ond thereofter moke on order under sub-section (5)for finolsettlement of the refund cloim ofter due verificotion of documents lurnished by the opplicont. (7) The proper officer sholl issue the order under sub-section (5) within sixty doys from the dote of receipt of opplicotion complete in oll respects. (8) Notwithstonding o nyth in 9 contoined in subsection (5), the refundoble omount sholl, insteod of being credited to the Fund, be poid to the opplicont, if such omount is relotoble to - (o) refund of tox poid on zero- roted supplies of goods or services or both or on inputs or input services used in moking such zero-roted supplies; (b) refund of unutilised inputtox credit under sub-section (3); (c) refund oitox poid on o supply which is not provided, either wholly or portiolly, ond for which invoice hos not been issued, or where o refund voucher hos been issued; (d) refund oftox in pursuonce of section 77; (e) the tox ond interest, if ony, or ony other omount poid by the opplicont, if he hod not possed on the incidence of such tox ond interest to ony other person; or 186 (f) the tox or interest borne by such other closs of oppliconts os the Govern- ment moy, on the recommendotions of the Council, by notificotion, specify. (9) Notwithstonding onything to the controry contoined in ony judgment, decree, order or direction of the Appellote Tribunol or ony court or in ony other provisions of this Act or the rules mode thereunder or in ony other lowJor the time being in force, no refund sholl be mode except in occordonce with the provisions of sub-section (8). (10) Where ony refund is due under sub-section (3) to o registered person who hos defoulted in furnishing ony return or who is required to poy ony tox, interest or penolty, which hos not been stoyed by ony court, Tribunol or Appellote Authority by the specified dote, the proper officer moy- (o) withhold poyment of refund due until the soid person hos furnished the return or poid the tox, interest or penolty, os the cose moy be; (b) deduafrom the refund due, ony tox, interest, penolty, fee or ony other omount which the toxoble person is lioble to poy but which remoins unpoid under this Act or under the existing low. 187 Explonolon.-F or the purposes of this sub-section, the expression "specified dote" sholl meon the lost dote ior filing on oppeol under this Act. (1 1) Where on order giving rise to o refund is the subject motter oI on oppeol or further proceedings or where ony other proceedings un- der this Act is pending ond the Commissioner is of the opinion thot gront of such refund is likely to odversely offect the revenue in the soid oppeol or other proceed- ings on occount of molfeqsonce or froud committed, he moy, ofter giving the toxoble person on op- portunity of being heord, withhold the refund till such time os he moy determine. (12) Where o refund is withheld un- der sub-section (l I ), the toxoble person sholl, notwithstonding ony- thing contoined in section 56, be entitled to interest ot such rote not exceeding six per cent. os moy be notified on the recommen- dotions of the Council, if os o re- sult of the oppeol or further pro- ceedings he becomes entitled to refund. (13) Notwithstonding onything to the controry contoined in this section, the omountofodvonce tox depos- ited by o cosuol toxoble person or o non-resident toxoble person under sub-section (2) of section 27, sholl not be refunded unless such person hos, in respect ofthe entire period for which the certi{i- cote of registrotion gronted to him hod remoined in force, furnished ollthe returns required under sec- tion 39. 188 (14) Notwithstonding onything contoined in this section, no refund under sub-section (5) or sub-section (6) sholl be poid to on opplicont, if the omountis less thon one thousond rupees. Explonotion.- For the purposes of this section,- (1) 'tefund"includes refund oftox poid on zeroroted supplies ofgoods or services or both or on inputs or input services used in moking such zero-roted supplies, or refund of tox on the supply of qoods regorded os deemed exports, or refund of unutilised input tox credit os provided under sub-section (3). (2) 'televont dote"meons - (o) in the cose of goods exported out of lndio where o refund of tox poid is ovoiloble in respect of goods them- selves or, os the cose moy be, the inputs or in put services used in suc h goods,- (i) ifthe goods ore exported by seo or oir, the dote on which the ship or the oircroft in which such goods ore looded, leoves lndio; or (ii) if the goods ore exported by lond, the dote on which such goods poss the frontier; d 189 (iii) if the goods ore exported by post, the dote of despotch of goods by the Post Off ice concerned to o ploce outside lndio; (b) in tfre cose ofsupply of goods regorded os deemed exports where o refund oftox poid is ovoiloble in respect of the goods, the dote on which the return reloting to such deemed exports is furnished; (c) in the cose of services exported out oi lndio where o refund of tox poid is ovoiloble in respect of services themselves or, os the cose moy be, the inputs or input services used in such services, the dote of-- (i) receipt of poyment in convertible foreig n exchonge, where the supply of services hod been completed prior to the receipt of s uch poyment; or (ii) issue of invoice, where poyment for the services hod been received in odvonce prior to the dote ol issue of the invoice; (d) in cose where the tox becomes reJundoble os o consequence of iudgment, decree, order or direction of the Appellote Authority, 46 ol 1947 r90 Appellote Tribunol or ony court, the dote of communi- cotion of such judgment, decree, order or direction; (e) in the cose ol refund oI unutilised input tox credit under sub-section (3). the end of the finonciol yeor in which such cloim for refund orises; (f) in the cose where tox is poid provisionolly under this Act or the rules mode thereunder, the dote of odjustment of tox ofter the finol ossessment thereof; (g) in the cose oi o person, other thon the supplier, the dote of receipt of goods or services or both by such person; ond (h) in ony other cose, the dote of poyment of tox.