Answer

GST

Partial refund sanctioned and the balance rejected

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  1. Facts

    When a refund is partly allowed, the order in RFD-06 shows the sanctioned and rejected amounts. You can appeal the rejected part within three months. If the rejected amount was debited from the credit ledger, it is re-credited only if you do not appeal or the appeal fails, as per the rules.

  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
    • Sec 107(1), CGST Act 2017Appeal to the Appellate Authority within three months of the order
    • Rule 93, CGST Rules 2017Re-credit of rejected refund amount to the ledger in PMT-03 where the applicant does not appeal or the appeal is finally rejected
  3. Analysis

    Example: an ITC refund of Rs 10 lakh is cut to Rs 7 lakh because of a turnover calculation. If you accept the cut, the Rs 3 lakh can be re-credited to your credit ledger through PMT-03 after the appeal period. If you disagree, appeal with the corrected calculation. Choose based on how strong your case is.

  4. Conclusion

    1. Read the RFD-06 to see why part was rejected
    2. Decide whether to accept or appeal
    3. If accepting, track PMT-03 re-credit
    4. If appealing, file APL-01 within three months

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