Chapter - X of CGST Rules, 2017
REFUND
RULE 90. Acknowledgement (corresponding section 54)
(1) Where the application relates to a claim for refund from the electronic cash
ledger, an acknowledgement in FORM GST RFD-02
shall be made available to the
applicant through the common portal electronically, clearly indicating the date
of filing of the claim for refund and the time period specified in sub-section
(7) of section 54 shall be counted from such date of filing.
*(2) The application for refund, other than claim for refund from electronic cash
ledger, shall be forwarded to the proper officer who shall, within a period of
fifteen days of filing of the said application, scrutinize the application for
its completeness and where the application is found to be complete in terms of
sub-rule (2), (3) and (4) of rule 89, an acknowledgement in
FORM GST RFD-02 shall be made available to the applicant through the common portal
electronically, clearly indicating the date of filing of the claim for refund
and the time period specified in sub-section (7) of
section 54 shall be counted
from such date of filing.
*(3) Where any deficiencies are noticed, the
proper officer shall communicate the
deficiencies to the applicant in FORM GST RFD-03
through the common portal
electronically, requiring him to file a fresh refund application after
rectification of such deficiencies.
1[Provided that the time period, from the date of filing of
the refund claim in FORM GST RFD-01 till the date of communication of the
deficiencies in FORM GST RFD-03 by the
proper officer, shall be excluded
from the period of two years as specified under sub-section (1) of
Section 54, in respect of any
such fresh refund claim filed by the applicant after rectification of the
deficiencies.]
(4) Where deficiencies have been communicated in
FORM GST RFD-03 under the State
Goods and Service Tax Rules, 2017, the same shall also deemed to have been
communicated under this rule along with the deficiencies communicated under
sub-rule (3).
1[(5) The applicant may, at any time before issuance of provisional refund sanction order in FORM GST RFD-04 or final refund sanction order in FORM GST RFD-06 or payment order in FORM GST RFD-05 or refund withhold order in FORM GST RFD-07 or notice in FORM GST RFD-08, in respect of any refund application filed in FORM GST RFD-01, withdraw the said application for refund by filing an application in FORM GST RFD-01W.
(6) On submission of application for withdrawal of refund in FORM GST RFD-01W, any amount debited by the applicant from electronic credit ledger or electronic cash ledger, as the case may be, while filing application for refund in FORM GST RFD-01, shall be credited back to the ledger from which such debit was made.]
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1 Inserted Vide :- Notification No. 15/2021-Cental Tax Dated 18/05/2021