08/04/2020
*Summarising newly inserted Rule 96B*
It is a backdoor *recovery mechanism* of Refund Granted on *export of GOODS* in case of non-realisation of export proceeds.
Where any refund of unutilized ITC under LUT Mechanism or IGST Paid on Export of Goods has been refunded to an applicant, and
The sale proceeds in respect of the same has not been realised, in full or in part within the time limits including the extension, the said person, within 30 days of the said period or the extended period shall deposit the amount so refunded, to the extent of non-realisation of sale proceeds, along with applicable interest.
If the person fails to deposit such amount within 30 days, then the recovery proceedings may be initiated by the authority in accordance with the provision of Section 73 or 74 of the CGST Act, along with interest under Sec 50 of the CGST Act.
Exception to the above mentioned recovery proceeding is possible, if the Reserve Bank of India writes off the requirement of the realisation of sale proceeds on the merits.
Refund of recovered amount post realisation of sale process
After the recovery proceedings if the sales proceeds are realised by the applicant, in full or part, then the applicant shall produce such evidence about realisation within 3 months from the date of realisation of sale proceeds, the amount so recovered shall be refunded by the proper officer.
New undertaking to be given in Form GST RFD 01 which reads as follows has been inserted:
“I hereby undertake to deposit to the Government the amount of refund sanctioned along with interest in case of non-receipt of foreign exchange remittances as per the proviso to section 16 of the IGST Act, 2017 read with rule 96B of the CGST Rules 2017.”
So with insertion of above rule 96B, the loophole for fraudulent refund in case of Export of Goods without receipt of payment in convertible foreign exchange has been plugged
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Regards
CA Aankit Kumar Jain
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Summarising newly inserted Rule 96B It is a backdoor recovery mechanism of Refund Granted on export of goods in case of non-realisation of export proceeds. W...