What is the meaning of relevant date for refund under GST?

 

 

1.0 Meaning of relevant date

The meaning of relevant date is very important in regard to refund provisions under GST. This is because the section 54 of CGST states that any person claiming refund may make an application before the expiry of two years from the relevant date.

Hence, knowing the correct relevant date is very important for the purpose of GST in India. Let us understand the concept of relevant date.

 

2.0 Relevant date in case of export of goods

In the case of goods exported out of India and where a refund of tax paid is available to the applicant in respect of the goods themselves or, as the case may be, the inputs or input services used in such goods, then the relevant date:

• In case if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India.

• In case if the goods are exported by land, the date on which such goods pass the frontier.

• In case if the goods are exported by post, the date of dispatch of goods by the Post Office concerned to a place outside India.

 

3.0 Relevant date in case of deemed exports

In the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is filed.

 

4.0 Relevant date in case of export of Services for refund of GST

In the case of services exported out of India and where a refund of tax paid is available to the applicant in respect of services themselves or, as the case may be, the inputs or input services used in such services,

• The relevant date in the case of services exported out of India, is the inputs or input services used in such services

• The relevant date of issue of invoice, where payment for the service had been received in advance prior to the date of issue of the invoice.

 

5.0 Relevant date in case of GST refund due to consequence of judgement

In case where the tax becomes refundable as a consequence of judgment, decree, order or direction of the Appellate Authority, Appellate Tribunal or any Court, the date of communication of such judgment, decree, order or direction.

 

6.0 Relevant date in case of refund of unutilized input tax credit

In the case of refund of unutilized input tax credit, the relevant date is the end of the financial year in which such claim for refund arises.

 

7.0 Relevant date in case of refund of tax paid provisionally

In the case where tax is paid provisionally under this Act or the rules made there under, the relevant date is the date of adjustment of tax after the final assessment thereof;

 

8.0 Relevant date in case of refund claimed by person other than supplier

In the case of a person, other than the supplier, the relevant date is the date of receipt of goods or services by such person.

 

9.0 In any other cases

In any other case, the relevant date for refund of tax is the date of payment of tax.

 

10.0 Conclusion

If you have any query, you can email the same to info@hubco.in.

 

Related Links:

• GST Registration
• GST Return Filings
• GST Software