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.
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.
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
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.
Conclusion
- Check whether your refund type is covered by unjust enrichment
- Check if the amount is above Rs 2 lakh
- Get a CA certificate with supporting records
- 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
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