Refund in certain cases

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Refund in certain cases 2017-04-13T23:40:53+00:00

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  • Ashish BadalaCA Ashish Badala
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    The Government may, on the recommendations of the Council, by notification, specify any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and Organisation notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy of foreign countries and any other person or class of persons as may be specified in this behalf, who shall, subject to such conditions and restrictions as may be prescribed, be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them.

    Priya MadrechaPriya Madrecha
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    55.1 Introduction
    This section deals with refund of taxes paid on notified supplies of goods or services or both received by certain specified agencies notified by the Government on the recommendation of the Council.
    55.2 Analysis
    This section provides that –
    (i)     The Government, is vested with powers to notify certain agencies on the recommendation of the Council, to be entitled to claim refund. (ii)     The agencies that can be notified are –
    (a)    any specialized agency of the United Nations Organization or
    (b)    any Multilateral Financial Institution and Organization notified under the United
    Nations (Privileges and Immunities) Act, 1947,
    (c)    any other person or class of persons as may be specified.
    (iii)    In addition to the above, Consulate or Embassy of foreign countries would also be eligible for refund.
    (iv)    The agencies mentioned above would be entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them. The refund claim is subject to such conditions and restrictions as may be prescribed,
    55.3    Related provision
    Section      Description
    Section 54     Refunds
    55.4    FAQs
    1.    Name the agencies that can be notified to be eligible to claim refund of taxes under Section 55 of the CGST Act?
    Any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 and any other person or class of persons as may be specified in this behalf, are the agencies that can be notified.
    2.    What refund are the agencies specified above entitled to claim under this section?
    The agencies specified above are entitled to claim a refund of taxes paid on the notified supplies of goods or services or both received by them.
    55.5 MCQs
    Q1. Who is empowered to notify the agencies that are entitled to claim refund under this section?
    (a)    Government
    (b)    Board
    (c)    GST Council
    (d)    None of the above
    Ans. (a) Government

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