CGST Rule 96 – Refund of integrated tax paid on goods or services exported out of India [Updated 2019]

CGST Rule 96 – Refund of integrated tax paid on goods or services exported out of India

Rule 96 (1)

The shipping bill filed by [1][an exporter of Goods] shall be deemed to be an application for refund of integrated tax paid on the goods exported out of India and such application shall be deemed to have been filed only when:-

(a) the person in charge of the conveyance carrying the export goods duly files [2][a departure manifest or] an export manifest or an export report covering the number and the date of shipping bills or bills of export; and
(b) the applicant has furnished a valid return in FORM GSTR3 [3][or FORM GSTR- 3B], as the case may be;

Rule 96 (2)

The details of the [4][relevant export invoices in respect of export of goods] contained in FORM GSTR-1 shall be transmitted electronically by the common portal to the system designated by the Customs and the said system shall electronically transmit to the common portal, a confirmation that the goods covered by the said invoices have been exported out of India.

[5][Provided that where the date for furnishing the details of outward supplies in FORM GSTR-1 for a tax period has been extended in exercise of the powers conferred under section 37 of the Act, the supplier shall furnish the information relating to exports as specified in Table 6A of FORM GSTR-1after the return in FORM GSTR-3B has been furnished and the same shall be transmitted electronically by the common portal to the system designated by the Customs:

Provided further that the information in Table 6A furnished under the first proviso shall be auto-drafted in FORM GSTR-1 for the said tax period.]

Rule 96 (3)

Upon the receipt of the information regarding the furnishing of a valid return in FORM GSTR-3[6][or FORM GSTR-3B, as the case may be from the common portal, [7][the system designated by the Customs or the proper officer of Customs, as the case may be, shall process the claim of refund in respect of export of goods] and an amount equal to the integrated tax paid in respect of each shipping bill or bill of export shall be electronically credited to the bank account of the applicant mentioned in his registration particulars and as intimated to the Customs authorities.

Rule 96 (4)

The claim for refund shall be withheld where,-

(a) a request has been received from the jurisdictional Commissioner of central tax, State tax or Union territory tax to withhold the payment of refund due to the person claiming refund in accordance with the provisions of sub-section (10) or sub-section (11) of section 54; or

(b) the proper officer of Customs determines that the goods were exported in violation of the provisions of the Customs Act, 1962.

Rule 96 (5)

Where refund is withheld in accordance with the provisions of clause (a) of sub-rule (4), the proper officer of integrated tax at the Customs station shall intimate the applicant and the jurisdictional Commissioner of central tax, State tax or Union territory tax, as the case may be, and a copy of such intimation shall be transmitted to the common portal.

Rule 96 (6)

Upon transmission of the intimation under sub-rule (5), the proper officer of central tax or State tax or Union territory tax, as the case may be, shall pass an order in Part B of FORM GST RFD-07.

Rule 96 (7)

Where the applicant becomes entitled to refund of the amount withheld under clause (a) of sub-rule (4), the concerned jurisdictional officer of central tax, State tax or Union territory tax, as the case may be, shall proceed to refund the amount after passing an order in FORM GST RFD-06

Rule 96 (8)

The Central Government may pay refund of the integrated tax to the Government of Bhutan on the exports to Bhutan for such class of goods as may be notified in this behalf and where such refund is paid to the Government of Bhutan, the exporter shall not be paid any refund of the integrated tax.

Rule 96 (9)

[8][The application for refund of integrated tax paid on the services exported out of India shall be filed in FORM GST RFD-01 and shall be dealt with in accordance with the provisions of rule 89]

Rule 96 (10)

[9][The persons claiming refund of integrated tax paid on exports of goods or services should not have –
(a) received supplies on which the benefit of the Government of India, Ministry of Finance notification No. 48/2017-Central Tax, dated the 18th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1305 (E), dated the 18th October, 2017 except so far it relates to receipt of capital goods by such person against Export Promotion Capital Goods Scheme or notification No. 40/2017-Central Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1320 (E), dated the 23rd October, 2017 or notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1321 (E), dated the 23rd October, 2017 has been availed; or

(b) availed the benefit under notification No. 78/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1272(E), dated the 13th October, 2017 or notification No. 79/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1299 (E), dated the 13th October, 2017 except so far it relates to receipt of capital goods by such person against Export Promotion Capital Goods Scheme.]


[1] Substituted for the words “an exporter” by the Central Goods and Services Tax (Amendment) Rules, 2018 w.e.f. 23.10.2017 – Date of Amendment : 23-01-2018, Effective from : 23-10-2017, Retrospective Effect : Yes

[2] Words inserted by the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2018. – Date of Amendment : 31-12-2018, Effective from : 31-12-2018, Retrospective Effect : No

[3] Inserted by the Central Goods and Services Tax (Third Amendment) Rules, 2017 w.e.f. 01/07/2017. – Date of Amendment : 01-07-2017, Effective from : 01-07-2017, Retrospective Effect : No

[4] Substituted for the words “relevant export invoices” by the Central Goods and Services Tax (Amendment) Rules, 2018 w.e.f. 23.10.2017. – Date of Amendment : 23-01-2018, Effective from : 23-10-2017, Retrospective Effect : Yes

[5] Inserted by the Central Goods and Services Tax (Eleventh Amendment) Rules, 2017 w.e.f. 28/10/2017. – Date of Amendment : 28-10-2017, Effective from : 28-10-2017, Retrospective Effect : No

[6] Inserted by the Central Goods and Services Tax (Third Amendment) Rules, 2017 w.e.f. 01/07/2017. – Date of Amendment : 01-07-2017, Effective from : 01-07-2017, Retrospective Effect : No

[7] Substituted for the words “the system designated by the Customs shall process the claim for refund” by the Central Goods and Services Tax (Amendment) Rules, 2018 w.e.f. 23.10.2017 – Date of Amendment : 23-01-2018, Effective from : 23-10-2017, Retrospective Effect : Yes

[8] Substituted by the Central Goods and Services Tax (Amendment) Rules, 2018 w.e.f. 23.10.2017. Prior to its substitution, sub-rule (9) read as under:

4[(9) The persons claiming refund of integrated tax paid on export of goods or services should not have received supplies on which the supplier has availed the benefit of notification No. 48/2017-Central Tax dated 18th October, 2017 or notification No. 40/2017-Central Tax (Rate) dated 23rd October, 2017 or notification No. 41/2017- Integrated Tax (Rate) dated 23rd October, 2017.] – Date of Amendment : 23-01-2018, Effective from : 23-10-2017, Retrospective Effect : Yes 

[9] Substituted by the Central Goods and Services Tax (Twelfth Amendment) Rules, 2018. Prior to its substitution, sub-rule (10) read as under :

10[(10) The persons claiming refund of integrated tax paid on exports of goods or services should not have received supplies on which the supplier has availed the benefit of the Government of India, Ministry of Finance, notification No. 48/2017-Central Tax, dated the 18th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1305 (E), dated the 18th October, 2017 or notification No. 40/2017-Central Tax (Rate) dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1320 (E), dated the 23rd October, 2017 or notification No. 41/2017-Integrated Tax (Rate), dated the 23rd October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1321 (E), dated the 23rd October, 2017 or notification No. 78/2017-Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1272(E), dated the 13th October, 2017 or notification No. 79/2017- Customs, dated the 13th October, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1299 (E) dated the 13th October, 2017.] – Date of Amendment : 09-10-2018,  Effective from : 09-10-2018, Retrospective Effect : No

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