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CHAPTER X - REFUND
Rule 89 - Application for refund o...
Rule 90 - Acknowledgement...
Rule 91 - Grant of provisional ref...
Rule 92 - Order sanctioning refund... Rule 93 - Credit of the amount of ... Rule 94 - Order sanctioning intere... Rule 95 - Refund of tax to certain... Rule 95A - Refund of taxes to the ... Rule 96 - Refund of integrated tax... Rule 96A - Refund of integrated ta... Rule 96B - Recovery of refund of u... Rule 97 - Consumer Welfare Fund... Rule 97A - Manual filing and proce... Rule 96C - Bank Account for credit... Rule 95B - Refund of tax paid on i...Rule 91 - Grant of provisional refund
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91. Grant of provisional refund.[1]
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(1) The provisional refund in accordance with the provisions of sub-section (6) of section 54 shall be granted subject to the condition that the person claiming refund has, during any period of five years immediately preceding the tax period to which the claim for refund relates, not been prosecuted for any offence under the Act or under an existing law where the amount of tax evaded exceeds two hundred and fifty lakh rupees. |
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(2) The proper officer, after scrutiny of the claim and the evidence submitted in support thereof and on being prima facie satisfied that the amount claimed as refund under sub-rule (1) is due to the applicant in accordance with the provisions of sub-section (6) of section 54, shall make an order in FORM GST RFD-04, sanctioning the amount of refund due to the said applicant on a provisional basis within a period not exceeding seven days from the date of the acknowledgement under sub-rule (1) or sub-rule (2) of rule 90. [2][Provided that the order issued in FORM GST RFD-04 shall not be required to be revalidated by the proper officer.] |
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(3) The proper officer shall issue a [3][payment order] in FORM GST RFD-05 for the amount sanctioned under sub-rule (2) and the same shall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund [4][on the basis of a consolidated payment advice:] [5][Provided that the [6][payment order] in FORM GST RFD-05 shall be required to be revalidated where the refund has not been disbursed within the same financial year in which the said [7][payment order] was issued.] |
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[8][(4) The Central Government shall disburse the refund based on the consolidated payment advice issued under sub-rule (3).] |
[1] This Rule was inserted by CGST(2nd A)R, 2017 vide Notification No. 10/2017-Central Tax dt. 28-06-2017 wef 01-07-2017.
[2] Proviso inserted by Rule 16(a) of The CGST(A)R, 2019 vide Notification No. 03/2019-Central Tax dt. 29-01-2019 wef 01-02-2019.
[3] Substituted for words “payment advice” by Rule 10 of The CGST(4th A)R, 2019 Notification No. 31/2019-Central Tax dt. 28-06-2019 made effective from 24-09-2019 by Notification No. 42/2019-Central Tax dt. 24-09-2019.
[4] Words inserted by Rule 6(a) of The CGST(6th A)R, 2019 vide Notification No. 49/2019-Central Tax dt. 09-10-2019 wef 24-09-2019.
[5] Proviso inserted by Rule 16(b) of The CGST(A)R, 2019 vide Notification No. 03/2019-Central Tax dt. 29-01-2019 wef 01-02-2019.
[6] Substituted for words “payment advice” by Rule 10 of The CGST(4th A)R, 2019 Notification No. 31/2019-Central Tax dt. 28-06-2019 made effective from 24-09-2019 by Notification No. 42/2019-Central Tax dt. 24-09-2019.
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