Answer

GST

Unjust enrichment certificate for refunds

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    For many refund types, you must show that the tax burden was not passed on to anyone else. For claims above Rs 2 lakh in those categories, a CA or cost accountant certificate is required. Refunds of ITC on exports and certain other types do not need this.

  2. Provisions and law

    • Sec 54(8), CGST Act 2017Refund is paid to the applicant only where the tax incidence has not been passed on, for specified cases
    • Rule 89(2)(m), CGST Rules 2017CA or cost accountant certificate for refunds above Rs 2 lakh where unjust enrichment applies
  3. Analysis

    Example: a refund of excess tax paid on a domestic sale of Rs 3 lakh needs a certificate that the customer was not charged that tax, or that it was refunded to him. For refunds below Rs 2 lakh, a declaration is enough. Check whether your refund type needs it before the officer asks.

  4. Conclusion

    1. Check whether your refund type is covered by unjust enrichment
    2. Check if the amount is above Rs 2 lakh
    3. Get a CA certificate with supporting records
    4. Upload it with the application or RFD-09

A Savvy can do this for you

Reply to refund deficiency memo RFD-03 and notice RFD-08

₹3,999

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask