Rule 92 - Order sanctioning refund

92. Order sanctioning refund.-(1)Where, upon examination of the application, the proper officer is satisfied that a refund under sub-section (5) of section 54 is due and payable to the applicant, he shall make an order in FORM GST RFD-06 sanctioning the amount of refund to which the applicant is entitled, mentioning therein the amount, if any, refunded to him on a provisional basis under sub-section (6) of section 54, amount adjusted against any outstanding demand under the Act or under any existing law and the balance amount refundable: Provided that in cases where the amount of refund is completely adjusted against any outstanding demand under the Act or under any existinglaw, an order giving details of the adjustment shall be issued in Part A of FORM GST RFD-07.202 (1A)Where, upon examination of the application of refund of any amount paid as tax other than the refund of tax paid on zero-rated supplies or deemed export, the proper officer is satisfied that a refund under sub-section (5) of section 54 of the Act is due and payable to the applicant, he shall make an order in FORM RFD-06 sanctioning the amount of refund to be paid, in cash, proportionate to the amount debited in cash against the total amount paid for discharging tax liability for the relevant period, mentioning therein the amount adjusted against any outstanding demand under the Act or under any existing law and the balance amount refundable and for the remaining amount which has been debited from the electronic credit ledger for making payment of such tax, the proper officer shall issue FORM GST PMT-03 re- crediting the said amount as Input Tax Credit in electronic credit ledger.203 (2) Where the proper officer or the Commissioner is of the opinion that the amount of refund is liable to be withheld under the provisions of sub-section (10) or, as the case may be, sub-section (11) of section 54, he shall pass an order in Part A204 of FORM GST RFD-07 informing him the reasons for withholding of such refund. 196 Substituted vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019 for “payment order” 197 Inserted wef 24.09.2019 vide Notf no. 49/2019-CT dt. 09.10.2019 198 Substituted vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019 199 Substituted vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019 200 Inserted vide Notf no. 03/2019-CT dt. 29.01.2019 wef 01.02.2019 201 Inserted wef 24.09.2019 vide Notf no. 49/2019-CT dt. 09.10.2019 202 Ommited vide Notf no. 15/2021-CT dt 18.05.2021 203 Inserted vide Notf no. 16/2020-CT dt 23.03.2020 204 Substituted for the word and letter “Part B” vide Notf no. 15/2021-CT dt. 18.05.2021 Provided that where the proper officer or the Commissioner is satisfied that the refund is no longer liable to be withheld, he may pass an order for release of withheld refund in Part B of FORM GST RFD- 07.205 (3) Where the proper officer is satisfied, for reasons to be recorded in writing, that the whole or any part of the amount claimed as refund is not admissible or is not payable to the applicant, he shall issue a notice in FORM GST RFD-08to the applicant, requiring him to furnish a reply inFORM GST RFD-09 within a period of fifteen days of the receipt of such notice and after considering the reply, make an order in FORM GST RFD-06 sanctioning the amount of refund in whole or part, or rejecting the said refund claim and the said order shall be made available to the applicant electronically and the provisions of sub-rule (1) shall, mutatis mutandis, apply to the extent refund is allowed: Provided that no application for refund shall be rejected without giving the applicant an opportunityof being heard. (4) Where the proper officer is satisfied that the amount refundable under sub-rule (1) or sub-rule (1A)206or sub-rule (2) is payable to the applicant under sub-section (8) of section 54, he shall make an order in FORM GST RFD-06 and issue a payment order207in FORM GST RFD-05 for the amount of refund andthesameshall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund on the basis of a consolidated payment advice208: Provided that the order issued in FORM GST RFD-06 shall not be required to be revalidated by the proper officer: Provided further that the payment order209in FORM GST RFD-05 shall be required to be revalidated where the refund has not been disbursed within the same financial year in which the said payment order210was issued.211 (4A) The Central Government shall disburse the refund based on the consolidated payment advice issued under sub- rule (4).212 (5) Where the proper officer is satisfied that the amount refundable under sub-rule (1) or sub- rule (1A)213or sub-rule (2) is not payable to the applicant under sub-section (8) of section 205 Inserted vide Notf no. 15/2021-CT dt 18.05.2021 206 Inserted vide Notf no. 16/2020-CT dt 23.03.2020 207 Substituted vide vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019 for “payment advice” 208 Inserted vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019. 209 Substituted vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019 for “payment advice” 210 Substituted vide Notf no. 31/2019 - CT dt. 28.06.2019 with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019 for “payment advice” 211 Inserted vide Notf no. 03/2019-CT dt. 29.01.2019 wef 01.02.2019 212 Inserted vide Notf no. 31/2019 - CT dt. 28.06.2019with effect from 24.09.2019 as notified by Notification No. 42/2019 dated 24.09.2019. 213 Inserted vide Notf no. 16/2020-CT dt 23.03.2020 54, he shall make an order in FORM GST RFD-06 and issue a payment order214in FORM GST RFD-05, for the amount of refund to be credited to the Consumer Welfare Fund.