14. Refunds

Q 1. What is refund?

Q 2. Can unutilized Input tax credit be allowed as refund?

Q 3. Can unutilized ITC be given refund, in case goods exported outside India are subjected to export duty?an unutilized Input tax credit be allowed as refund?

Q 4. Can ITC of goods lying in stock at the end of the financial year (after introduction of GST) be refunded?

Q 5. Suppose a taxable person has paid IGST/ CGST/SGST mistakenly as an Interstate/intrastate supply, but the nature of which is subsequently clarified. Can the CGST/SGST be adjusted against wrongly paid IGST or vice versa?

Q 6. Whether purchases made by Embassies or UN be taxed or exempted?

Q 7. What is the time limit for taking refund?

Q 8. Whether principle of unjust enrichment will be applicable in refund?

Q 9. In case the tax has been passed on to the consumer, whether refund will be sanctioned?

Q 10. Is there any time limit for sanctioning of refund?

Q 11. Can refund be withheld by the department?

Q 12. Where the refund is withheld under 38(9), as discussed in 11(c) above, will the taxable person be given interest?

Q 13. Is there any minimum threshold for refund?

Q 14. How will the refunds arising out of earlier law be paid?

Q 15. Whether refund can be paid before verification of documents?

Q 16. In case of refund under exports, whether BRC is necessary for granting refund?

Q 17. Will the principle of unjust enrichment apply to exports or deemed exports?

Q 18. How will the person prove that the principle of unjust enrichment do not apply in his case?

Q 19. Today under VAT/CST merchant exporters can purchase goods without payment of tax on furnishing of a declaration form. Will this system be there in GST?

Q 20. Presently under Central law, exporters are allowed to obtain duty paid inputs, avail ITC on it and export goods upon payment of duty (after utilizing the ITC) and thereafter claim refund of the duty paid on exports. Will this system continue in GST?

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