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Published on:
March 21, 2023
By
Prudhvi Raj

Application for refund by unregistered persons under GST

Unregistered persons under the Goods and Services Tax (GST) system refer to those individuals or entities that are not registered or required to be registered under GST but have paid GST on their purchases.

As per the GST Act, any person who has an annual turnover of less than INR 20 lakhs (INR 10 lakhs in certain states) is not required to register for GST. However, such persons may still have to pay GST on the goods or services they purchase from registered taxpayers. These persons are referred to as unregistered persons under GST.

Unregistered persons are not allowed to charge or collect GST from their customers, as they are not registered under the GST system. However, they are required to pay GST on their purchases, and they may be eligible to claim a refund of the GST paid, subject to certain conditions.

It is important for unregistered persons to keep proper records of their purchases and payments of GST, as they may need to provide these details when claiming a refund of GST. They should also be aware of the conditions and procedures for claiming a refund of GST and ensure that they comply with the same to avoid any delays or rejections of their refund claims.

Procedure for claiming a refund of GST by unregistered persons

Unregistered persons who have paid Goods and Services Tax (GST) on their purchases may claim a refund of the GST paid, subject to certain conditions and procedures. The following is the procedure for claiming a refund of GST by unregistered persons:

1. Login to the GST Portal: The unregistered person needs to first visit the official GST portal and login to their account.

2. Fill out the refund application form: The unregistered person needs to fill out the GST RFD-01 form for claiming a refund of GST paid. The form requires details such as the name and address of the supplier, the nature and value of the goods or services, and the amount of GST paid.

3. Upload supporting documents: The unregistered person needs to upload the necessary supporting documents, including the purchase invoice, payment receipt, and a declaration stating that the GST paid does not exceed INR 5,000.

4. Submit the application form: Once the refund application form and supporting documents are completed, the unregistered person needs to submit the application form.

5. Wait for the refund to be processed: The GST authorities will process the refund application and verify the details provided. If the refund claim is found to be valid and meets all the necessary conditions, the refund amount will be credited to the bank account of the unregistered person.

It is important to note that the refund claim should be filed within two years from the end of the relevant financial year. The refund of GST paid by unregistered persons is allowed only for intra-state transactions. GST paid on inter-state purchases cannot be claimed as a refund by unregistered persons.

Unregistered persons should ensure that they follow the prescribed procedure and provide all the necessary documents to claim a refund of GST. They should also keep proper records of their purchases and payments of GST to avoid any delays or rejections of their refund claims.

Conditions for claiming a refund of GST by unregistered persons

Unregistered persons who have paid Goods and Services Tax (GST) on their purchases may be eligible to claim a refund of the GST paid, subject to certain conditions. The following are the conditions for claiming a refund of GST by unregistered persons:

1. The GST paid should not exceed INR 5,000: The refund of GST can be claimed only if the amount of GST paid on a particular transaction does not exceed INR 5,000.

2. The person should not be registered under GST: Unregistered persons who are not required to register under GST can claim a refund of GST paid on their purchases.

3. The person should not have collected GST from their customers: Unregistered persons are not allowed to collect GST from their customers, and if they do so, they cannot claim a refund of the same.

4. The person should provide the necessary documents: Unregistered persons are required to submit a copy of the purchase invoice, payment receipt, and a declaration stating that the GST paid does not exceed INR 5,000.

5. The refund claim should be filed within the prescribed time limit: The refund application should be filed within two years from the end of the relevant financial year.

It is important to note that the refund of GST paid by unregistered persons is allowed only for intra-state transactions. GST paid on inter-state purchases cannot be claimed as a refund by unregistered persons.

Unregistered persons should ensure that they comply with the above conditions and follow the prescribed procedure for claiming a refund of GST to avoid any delays or rejections of their refund claims.

Documents required to be submitted along with the refund application by unregistered persons

Unregistered persons who wish to claim a refund of GST paid by them are required to submit certain documents along with their refund application. The documents required to be submitted are as follows:

1. Copy of the purchase invoice -

The unregistered person should submit a copy of the purchase invoice for which the GST refund is being claimed. The invoice should contain the details of the supplier, the recipient, the nature and value of the goods or services, and the GST paid on the transaction.

2. Copy of the payment receipt -

The unregistered person should submit a copy of the payment receipt or any other document that shows the payment of GST made by them.

3. Declaration that the GST paid is not more than INR 5,000 -

The unregistered person should provide a declaration that the GST paid by them on the transaction is not more than INR 5,000. This declaration can be made on a plain paper and should be signed by the person claiming the refund.

4. Any other document as required by the GST authorities -

The GST authorities may require the unregistered person to submit additional documents or information to support their refund claim. In such cases, the person should provide the requested documents or information as per the guidelines provided by the GST authorities.

It is important for unregistered persons to ensure that they provide all the required documents along with their refund application, as any incomplete or incorrect information may result in delays or rejection of the refund claim.

FAQs

Here are some frequently asked questions about the application for refund by unregistered persons under GST:

Q: Who are unregistered persons under GST?

A: Unregistered persons are those who are not required to register for GST, or those who have not registered for GST voluntarily, but have paid GST on their purchases.

Q: Can unregistered persons claim a refund of GST?

A: Yes, unregistered persons can claim a refund of GST paid by them, subject to certain conditions.

Q: What are the conditions for claiming a refund of GST by unregistered persons?

A: The conditions for claiming a refund of GST by unregistered persons are:

1. The person should not be registered under GST

2. The person should have made the payment of GST in cash

3. The GST paid should not be more than INR 5,000

4. The person should not be engaged in making any supplies that are exempt from GST

Q: What is the procedure for claiming a refund of GST by unregistered persons?

A: The procedure for claiming a refund of GST by unregistered persons involves filing an application in Form GST RFD-01 on the GST portal, along with supporting documents such as purchase invoices.

Q: What is the time limit for filing a refund application by unregistered persons?

A: The time limit for filing a refund application by unregistered persons is two years from the relevant date.

Q: Can unregistered persons claim a refund of Integrated GST (IGST)?

A: No, unregistered persons cannot claim a refund of IGST paid by them, as the IGST is a tax on inter-state supplies, and unregistered persons are not allowed to make such supplies.

Q: What are the documents required to be submitted along with the refund application by unregistered persons?

A: The documents required to be submitted along with the refund application by unregistered persons are:

1. Copy of the purchase invoice

2. Copy of the payment receipt

3. Declaration that the GST paid is not more than INR 5,000

4. Any other document as required by the GST authorities

Q: Is there any specific format for the declaration to be submitted by unregistered persons for claiming refund of GST?

A: No, there is no specific format for the declaration to be submitted by unregistered persons for claiming refund of GST. The declaration can be made on a plain paper, stating that the GST paid is not more than INR 5,000.

Q: Can unregistered persons claim a refund of GST paid on imports?

A: No, unregistered persons cannot claim a refund of GST paid on imports, as they are not allowed to make such imports. The refund of GST paid on imports can be claimed only by registered persons who are engaged in the business of imports.

Q: What is the time limit for processing the refund application by unregistered persons?

A: The time limit for processing the refund application by unregistered persons is 60 days from the date of filing the application. If the refund is not processed within this time limit, interest will be payable to the taxpayer on the refund amount.

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