XYZ Ltd. a taxable person registered under GST is eligible to get refund from the proper authority. Manager Finance of the company seeks your opinion to know whether there is any provision under the Act for obtaining a p
CS Professional · Advanced Tax Laws · PYQS · December 2021
XYZ Ltd. a taxable person registered under GST is eligible to get refund from the proper authority. Manager Finance of the company seeks your opinion to know whether there is any provision under the Act for obtaining a provisional sanction of refund. Advice the company suitably in the context of provisions contained under the CGST Act, 2017.
Answer & Explanation:
XYZ Ltd. can obtain a provisional sanction for the refund as the proper officer may sanction refund of an amount up to ninety percent of the total amount of refund so claimed as reduced by the amount of Input Tax Credit (ITC) accepted on a provisional basis in case of Zero Rated Supplies. This provisional refund shall be granted subject to the following conditions: The person claiming refund has not been prosecuted for any offence under the Act or under any earlier law prior to GST where the amount of tax evaded exceeds ₹250 Lakhs during the period of five years immediately preceding the tax period to which the claim for refund relates. GST Compliance rating of the applicant is not less than five on a scale of ten. Issues for which refund is claimed are not pending under proceedings of any appeal, review or revision and if pending, the same has not been stayed by any court or appropriate authority.
Topics: GST
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