GST Committee Report on Refunds

The Government of India intends to introduce the Goods and Services Tax (GST) in the country at the earliest. GST seeks to subsume many indirect taxes at the Central and State ...

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GST Committee Report on Refunds

The Government of India intends to introduce the Goods and Services Tax (GST) in the country at the earliest. GST seeks to subsume many indirect taxes at the Central and State level. The proposed dual GST envisages taxation of the same taxable event, i.e., supply of goods and services, simultaneously by both the Centre and the States.

The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014, has been introduced in the Parliament for facilitating the introduction of GST in the country. Simultaneously, committees comprising of officers from the Central Government, as well as the State Governments, have been constituted for the drafting of Model CGST, SGST and IGST laws, and GST business processes of registration, refunds, returns and payments.

The draft Model CGST, SGST and IGST laws, along with GST business processes for filing of returns, shall be put up for inviting comments of stakeholders in due course. Presently, the draft business processes on GST registration, GST refunds and GST payments are being published.

The Report of the Committee on GST Refunds is available here. Comments and views are invited on these business processes by 31st October, 2015. Users are requested to keep in mind the guidelines for posting their comments:

1. Please use the following hashtags for commenting on the report:
a. #GSTRefunds: for general comments.
b. #GSTRefundSituations: for comments on situations where refunds would arise
c. #GSTRefundForms: for comments on proposed Refund Forms

2. Please restrict your comments to 500 characters. In case your comments exceed this limit, please upload your comments as a pdf document.

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Showing 218 Submission(s)
Sunil Gaur's picture

Sunil Gaur 3 years 4 weeks ago

There should not be any separate application for claiming refund. Return itself should sufficient for the following reasons.

1. All input tax credit can be verified by the department as the GSTR 1 of the opposite dealers are availabe.
2. All taxes paid are available to the department since payment is updated on realtime or almost real time basis.
3. the combined balance of all ledgers will establish if refund is actually available to dealer or not.

Sunil Gaur's picture

Sunil Gaur 3 years 4 weeks ago

However on the basis of information available with the department a portion of cases may be selected for Audit/Scrutiny. Refund is the backbone of the GST regime. It should be granted immidiately like it happens in Income Tax. Wherever this is left to the discretion of authorities then even God cant save the taxpayers.
Govt. should be as prompt in paying the refund as it likes its taxpayers to be. Refund on the basis of claim should be granted even when an audit is underway.

Sunil Gaur's picture

Sunil Gaur 3 years 4 weeks ago

Entire refund process that has been suggested for all type of refunds including even tax paid by mistake smacks of a complete bureaucratic mindset where any claim by the dealer is to be " verified" by the concerned officials. It must be understood that if there has to be a verification to the " satisfaction" of officers what is going to happen. Refund due as per return after invoice level details have been filed by the dealer in GSTR-1 and 2 and reconciled in GSTR 3 should be granted immidiately

PRAKASH NAGAPPA DHADED's picture

PRAKASH NAGAPPA DHADED 3 years 1 month ago

In case if the STP's and are neglected in the GST stream, they may become burden on the society, as they become un-employed. In India the STP's are all over states. i request you that these STP's are practicing more than 30 years and from 01/04/2005 vat comes the sales tax practioner professionals are young and he well no the computers this my request.