Answer

GST

New grounds in the refund order not in RFD-08

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  1. Facts

    The refund order should be based on the grounds in the notice. CBIC guidance says an order should not reject a refund on grounds not raised in RFD-08. This can be challenged in appeal.

  2. Provisions and law

    • Rule 92(3), CGST Rules 2017Before rejecting a refund wholly or partly, a notice in RFD-08 is issued and the applicant replies in RFD-09 within 15 days
    • Circular 125/44/2019-GSTRefund cannot be rejected on grounds not mentioned in the show cause notice
  3. Analysis

    Example: RFD-08 questioned only FIRC dates, but RFD-06 rejects on unrelated grounds about ITC eligibility of some purchases. Your appeal should point out that these grounds were never put to you, and also answer them on facts. Keep a copy of the RFD-08 and RFD-09 for the appeal.

  4. Conclusion

    1. Compare grounds in RFD-08 and RFD-06
    2. List the new grounds
    3. Raise them as a natural justice point in appeal
    4. Answer the new grounds on facts too

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