Rule 94 - Order sanctioning interest on delayed refunds

94. Order sanctioning interest on delayed refunds.[1]

[2][(1)] Where any interest is due and payable to the applicant under section 56, the proper officer shall make an order along with a [3][payment order] in FORM GST RFD-05, specifying therein the amount of refund which is delayed, the period of delay for which interest is payable and the amount of interest payable, and such amount of interest 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][(2) The following periods shall not be included in the period of delay under subrule (1), namely:-

(a) any period of time beyond fifteen days of receipt of notice in FORM GST RFD08 under sub-rule (3) of rule 92, that the applicant takes to-

(i) furnish a reply in FORM GST RFD-09, or

(ii) submit additional documents or reply; and

(b) any period of time taken either by the applicant for furnishing the correct details of the bank account to which the refund is to be credited or for validating the details of the bank account so furnished, where the amount of refund sanctioned could not be credited to the bank account furnished by the applicant]

 

[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] Renumbered as sub rule (1) by Rule 14 of The CGSTR(2nd A), 2023 vide Notification No. 38/2023-Central Tax dt. 04-08-2023 wef 01-10-2023.

[3] Substituted for words “payment advice” by Rule 13 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] Sub rule inserted by Rule 14 of The CGSTR(2nd A), 2023 vide Notification No. 38/2023-Central Tax dt. 04-08-2023 wef 01-10-2023.

GST Gyaan | https://gstgyaan.in | CA Rajesh Ritolia - 9350171263

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