Amendment status not verified — confirm the current text below against the official source.
(1)Any person dimming refund ofany taxand interest paidon suchtaxoranyotheramonntpaidbyhim may make an application before the expiry oftwo years from the relevant date'm mch Sorm and manner as may be prescribed: Provided that a registered person, claiming refimd of any balance in the electronic cash ledger as per ash—section (6) of section49, may claim such refund in the return furnished under section 39'm such manner as may be prescribed. (2) A specialized agency ofthe United Nations Organization , «__, oranyMultilateralFmancialInstitutionandOrganization notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy offoreign countries or any other person or class of persons as notified under section SSeptitledtoarefimdoftax paid , : byitoninward suppliesofgoodsorservicesorboth, , maymakeanapphcafionforsuchrefiindinsuchform andmannerasmaybepresaibeibeforetheexpiryof' six monthsfrom the lastdayofthe quarter'in which such supplywasreceived. (3) Subject to the“provisions ofsub—section (1‘0),a registered person may claim refund of any unutilised input tax :‘creditatthe endotanytaxperiod: Provided that no refund ofunutilised input tax credit shall be allowed in cases other than- (i)' zero rated supplies made Without payment oftax; (ii) ' where the credit has accumulated on account ofrate of tax on inputs beinghig‘i‘ér than the rate oftax on output supplies (other thannil ratedorfullyexempt supplies), except suppliesoFgoods or services Or both as may be notified on the recommendations ofthe Council. . - Provided fiirther that no refundof unutilised input tax credit shall be allowed”in cases where the goodsexported out of India are subjected to export duty; . Provided also that no refundofiinputtaxcreditshall be allowed, if thesupplier of goods or services or both avails of drawback or claimsrefund of the integrated tax paid on such supplies. (4) The application shall be accompanied by— Refundoftax. 71‘ (a) suchdocumentary evidenceasmay be prescribed , to establish that arefund is due to the applicant; and i an 1 (b) such documentaryw or other evidence (including the documents referred to in section 33) as the applicant mayfurnishto establish that the amount of tax and interest, if any, paid on such tax or any other amount'paid in rélatibn to which such refund is claimed was collected frnm, or paid by, him and the incidence of such taxand interest had not been passed on toany other person: ' ‘ Provided that where the amount claimedas refund'is less than two lakhrupees, it shall not be necessary for the applicant to furnish any documentary and other evidences but hemay file a declaration, based on the documentary or other evidences available with him, cettifyingthat the incidence of such tax and interest had not been passed onif?) any otherperson. (5) If, on receipt ofany such application, the proper oflicer'is satisfiedthat the whole or part oftheamount claimed as refundis refundable, he may makean order accordingly randtheamountsodeterminedshallbecreditedtothe * Fund referred to“insection 57. (6) Notwithstanding anything contained in sub-section (5), the proper officer may, in the case of any claim for refund on account ofexport ofgoods or services or both made by registered persons, other than such category . of- registered persons as may,be notified'in this behalf, frefund on a provisionahbasis, ninety per cent. of the gtotal amount so claimed,excludingthe amount of'input (7) (8) tax credit provisionally acceptedinsuch manner and subject to such conditions, limitations and safeguards as may be prescribedand thereafter make an order under sub-section(5) for final settlement of the refund claim after due verificationofdocuments furnished by the applicant The proper officer shall issuethe order under sub- section (5) within sixty days from the date of receipt of ;application completeinallrespects. , . Notwithstanding anything contained'in sub-section (5), J the refundable amount shall, instead ofbeingcredited to theFpnd, be paid to the applicant,if: such amount is * '7 relatableto — 72 (a) , refund ofmen inputs or inputservices used in the ' V ‘ goods or services or both which are exported out of _ (b)v refund of unutilised input tax credit under sub— ‘Msection('3);: ‘.'_ (c) refundoftaxpaidonasupplywhichisnotprovid‘ed, , either wholly or partially, and for which invoice has not been issued, or where a refund voucher has been issued; (d) refund oftax in pursuance ofsection 77; . (e). the tan and interest, if any, or any other amount paid by the applicant. ifhehad not passed on the incidence of such tax and interest to‘any other (f) the m or interest borne by 'Suchf’other class of applicants as the Government may, on the H recommendations of the Council, by notification, (9) Natwithstandinganythingto the contrarycontained'in p anyjiidginenndeaeqorderordirectionoftheAppellate ‘Tribunalorfanycourtorinanyother provisions ofthis Act or the rulesmadethereunda‘orinanyother law for fliefimebeingmforcenorefimdshallbemadeexcept inaecordancewiththeprovisiom ofsub—section (8). ‘ (10) Where any refund is due under sub-Section (3) to a registered person Who has defaulted in furnishing any return or who is required to pay anytax, interest or penalty, which hasnot been stayedbyanycourt, Tribunal or Appellate Authority by the specified date, the proper oficer may— . ’ ' , (a) withhold payment of refund due until the said person has furnished the return or paid the tax; interest or penalty, as the case may be; (b) deduct from the refund due, any tax, interest. ' penalty, fee or any other amount which the taxable person is liable to pay but which remains unpaid , . under this Act or under the existing law. Explanation ‘:'- For the purpoSes of this stib-section,‘the' expression “specified date”- shallimean the last date for filing an 2appeal under this Act. - ' (l) (2) (ll) (12) n (1.3). ‘ (14) 73 Where an order giving rise to a refund is the subject matter ofan appeal or further proceedings or where any other proceedings under this Act is pending and the » Commissioneris ofthe opinionthatgrant ofsuch refund is likelytoadversely affect the revenue in the said appeal or other proceedings onaccount ofmalfeasance or fraud committed, he may, after givingthe taxable person an opportunityofbeing heard, withhold the refund till such time as he may determine Where a refund is withheld under sub-section (11), the taxable person shall. notwithstanding anything contained in section 56, be entitled to interest at such rate not exceeding six percent. as may be notified on therecommendations ofthe Council, ifas a result ofthe appeal or further proceedings he becomes entitled to refund. , . Nomhstmdmg anything to the contrary contained in this section, the amount of advance’tax deposited by a casual taxable person or a non-resident taxable person ’ undersuB~seCtion (2) ofsection 27, shall not be refunded unlesssirchpersonhasinrespectoftheentireperiod .torwhidithecertificateofregistrationgrantedtohim hadremained'an force, furnished all the returns required under section 39. Notwithstanding anything contained in this section, no refund‘under sub—section (5) or sub-section (6) shall be paid to an applicant, if the amount is less than one thousaa’d rupees. , Explanation:-For the purposes-ofthis section;— “retaind” includes refund of tax on inputs or input services: usedinthe goods or services or both which are exported out of India, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilised input tax credit as . provided under sub-section (3). Hrelevant'date means - (a) in the case ofgoods exported out ofIndia where a refund , of tax paid is available in respect of inputs or input ; services usedin suchgoods,— (i) if the goods are exported by sea or air, the date on which the ship or the aircraftin which such goods are loaded. leaves India; or ’ 74 (ii)? ifthe goods are exported byland, the date on which such goods pass the frontier; or 1’ (iii) if the goods are exported by post, the date of (b) (c) ‘ despatch ofgoods by the Post Oficeconcerned to a place outsideTndin; _ in the case of supply of goods regarded as deemed exports where a refund oftax paid'is available'in respect ofthegoodnthedateonwhich-thereturnrelatingto ' such deemed exports is filed; in the case of services exportedlnut ofIndia where a refund of tax paid is available in respect0t inputs or input services used'in such services, the date of-— (i) receiptofpayment in convertibleforeign exchange, where the supply Of services had been Completed q prior to the receipt ofsuch payment, or . 7 1 (ii) 7 issueofmvome, wherepaymentfiirtheservices had to (e) (f) (8) (hi been received'1n advance priorto thedate of'issue oftheinvoice; in case where the tax becomes refundable as a consequence ofjudgment, decree, orderor direction of ' I the Appellate Authority, AppellateTribunal or any court, the date of communication of such judgment, decree, order or direction; in the case of refund ofunutilised input taxcreditunder sub-section (3), the end of thefinancial yearinwhich such claim forrefund arises; ' ‘ in the case where tax ispaidprovisionally under this Act or therules made thereunder, the date of adjustment of tax after the final assessment thereof; in the case of a person, other than the supplier, the date of receipt of goods or services or bothby such person; and inany other case, the'date ofpayment pftax. 460f1947 75