GST CIR NO.63/37/2018 DATE 14/09/2018

Clarification regarding processing of refund claims filed by UIN entities –regarding

The Board vide Circulars No. 36/10/2018-GST dated 13th March, 2018 and No. 43/17/2018-GST dated 13th April, 2018 has specified the detailed procedure for filing and processing of refund applications by UIN entities(Embassy/Mission/Consulate / United Nations Organizations/Specified International Organizations). Various representations have been received on certainissues pertaining to the processing ofsuch refundclaims.In order to clarify theseissues and to ensure uniformity in the implementation of the provisionsof the law across the field formations, the Board, in exercise of its powers conferred under section 168 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as CGST Act) hereby clarifiesthe said issuesas below:

2. Non-compliance withletter of reciprocity: Notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28 th June, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts provide for examination of the refund claims in accordance with the letter of reciprocity issued by the Ministry of External Affairs(hereinafter referred to as MEA). Generally, these letters of reciprocity have certain conditions specified on the basis of which refunds have to be processedand sanctioned. For example, letters may specify the minimum value of goods or servicesor the end use of such goods or services(official or personal purposes).

2.1 It has been observed that manyUIN entitiesare claiming the refund onall invoices irrespective of whether or not they are eligible for the same as per the reciprocity letter issued by MEA.It is observed that such claims are attested/signed by Diplomats/Consulars and authorizedsignatories of the Consulates or Embassies of the foreign countries.

3.UIN entities have been advised to submit a statement of invoices and hard copies of only those invoiceswherein the UIN isnot mentionedvide Circular No. 43/17/2018-GST dated 13 th April, 2018.Further, refund processing officers have been advised not to request for original or hard copy of the invoices unless necessary. However, it isobserved that the delay in processing of the UIN refunds is primarily due to the non-furnishing of the hard copy of the invoicesby the UIN entitiesand the statement of invoices as specified in paragraph 2.1 of Circular No. 43/17/2018-GST dated 13.04.2018. It may be noted that thesame are needed in order to determine the eligibility for grant of refundin accordance with the reciprocity letter issued by MEA.Further, ithas been observed that in some cases,the Certificate and Undertaking submitted by the UIN entitiesis not in accordance with Notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28thJune, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts.

4. In order to expeditetheprocessing of the refund applications filed by theUIN entities, the following formats/documents are hereby specified:

4.1 Refund Checklist: In order to bring in uniformity in the processing of the refundclaims, a checklist has been specified in Annexure A.All UIN entities may refer to this checklist while filingtherefund claims.

4.2 Certificate: A sample certificate to be submitted by Embassy/Mission/Consulate is enclosed as Annexure-Band that to be submitted by United Nations Organizations/Specified International Organizationsis enclosed asAnnexure-B-1.

4.3 Undertaking:A sample undertaking to be submitted by Embassy/Mission/Consulate is enclosed as Annexure-Cand that to be submitted by United Nations Organizations/Specified International Organizationsis enclosed as Annexure-C-1.

4.4 Statement of Invoices: Thedetailed statement of invoicesshallbe submitted inthe format specifiedin Annexure D.

5. Prior Permission letter for GST refund for purchase of vehicles: MEAvide letter F.No.D_II/451/12(5)/2017dated 21.06.2018 has informed that it is mandatory to enclose the copy of ‘Prior Permission Letter’ issued by the Protocol Special Section of MEAat the time of submission of GST refund for purchase of vehicle bytheforeign representatives. Accordingly, it is advised that UIN entities mustsubmitthecopy of the‘Prior Permission letter’ and mention the same in the covering letter while applying for GST refund on purchase of vehicles to avoid delayin processing of refunds.

6. Non-availability of refunds to personnel and officials of United Nations and other International organizations: It is hereby clarified that the personnel and officials of United Nations and other International organizations are not eligible to claim refund under Notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28thJune, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts. However, theeligibility of refund for the personnel and officials posted in the Embassy/Mission/Consulateshall be determined based on the principle of reciprocity.

7. Waiver fromrecording UIN in the invoices for the months of April,2018 to March,2019:A one-time waiver is hereby given from recording the UIN onthe invoices issued by the suppliers pertaining to the refund claims filedfor the quarters fromApril,2018 to March,2019, subject to the condition that the copies of such invoices which are attested by the authorized representative of the UIN entity shallbesubmitted to the jurisdictional officer.

8.Format of Monthly report: Circular No. 36/10/2018-GST dated 13thMarch,2018 provides for a monthly report to be furnished to the Principal Director General of Goods and Services Tax by the 30th of the succeeding month. The report shallnowbe furnished in a new format as specified in Annexure E.

9. It is requested that suitable trade notices may be issued to publicize the contents of this Circular.

10. Difficulty, if any, in implementation of the above instructions may please be brought to the notice of the Board.Hindi version would follow.
 

(Upender Gupta)
Commissioner (GST)

F. No. 349/48/2017-GST
 

Annexure A: Checklist for processing UIN refunds

(a) Covering letter for each quarterly refund

(b) Final copy of FORM GST RFD-10with Application Reference Number(ARN)

(c) Final copy of FORM GSTR –11

(d) Statement of invoices as per Annexure D

(e) Certificate in case ofgoods that the goods have been used according to Notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28thJune, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts

(f) Undertaking in case ofservicesthat the services have been used according to Notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28thJune, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts

(g) Copy of letter issued by the Protocol Division of the Ministry of External Affairs based onthe principle of reciprocity

(h) Photocopies of only those invoices where UIN has not been recorded on the invoices by the supplier.

(i) A cancelled cheque of the bank account as mentioned in FORM GST RFD-10(to be submitted withonly the first refund claim filed)
 

Annexure B:Certificate to be submitted by Mission/Embassy/Consulate

Date:

CERTIFICATE

(as per CBIC’s (a)notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28th June, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts)

The Mission/Embassy/Consulate of the __________, hereby confirms that:

I. The goods mentioned in the invoices for the period ________to ____________ have been put to official use/ are in the official use of the Embassy/ Consulate or for personal use of the members of his/her family.

II.The goods will not be supplied further or otherwise disposed of before the expiry of three years from the dateof receipt of the goods and

III.In the event of non-compliance of clause (I)and (II), the Mission/Embassy /Consulate will pay back the refund amount paid to the Mission/Embassy/Consulate.

IV.The refund claimed by us is as per the terms and conditions stipulated in the Certificate issued by the Protocol Division of the Ministry of External Affairs, based on the principle of reciprocity.

I, _____________________, declare that I have read and understood all the conditions mentioned above and hereby agree to abide by them.
 

(Signature)
Name
Head of the Mission/Consulate/ Embassy / Any other
Authorized Signatory

Note: Please take print on letterhead of the Embassy & sign with stamp
Delete / strike which are not applicable.
 

Annexure B-I: Format for certificatefor United Nations Organizations/Specified International Organizations)

Date:

CERTIFICATE

(as per CBIC’s notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28th June, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts)

The , hereby confirms that:

The goods mentioned in the invoices for the period ________to ________ have been used or areintended to be used for official purpose of the< Name of the Organization>, New Delhi.

I, _____________________, declare that I have read and understood all the conditions mentioned above and hereby agree to abide by them.

(Signature)

Name
Head of theOrganisation/Authorized Signatory

Note: Please take print on letterhead of the organizationand sign with stamp.

Annexure C: Format for undertaking for Mission/Embassy/Consulate

Date:

UNDERTAKING
(as per CBIC’s notifications No. 13/2017 –IntegratedTax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax (Rate) all dated 28th June, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts)

The Embassy/Mission/Consulate of the __________, hereby state that the services received as mentioned in the invoices for the period _________ to _________ are for official purposes of the Embassy/Mission/Consulate of the _______ in or for personal use of the said diplomatic agent or career consular officer or members of his/her family.

The refund claimed by us on the above mentioned services is as per the terms and conditions stipulated in the Certificate issued by the Protocol Division of the Ministry of External Affairs, based on the principle of reciprocity.

(Signature)
Name
Head of the Mission/Consulate/ Embassy/
Authorized Signatory

Note: Please take print on letterhead of the Embassy & sign with stamp

Delete / strike which are not applicable.

Annexure C-I: Format for undertaking for United Nation Organizations/Specified International Organizations)

Date:

UNDERTAKING
(as per CBIC’s notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) and No. 16/2017 –Union Territory tax(Rate) all dated 28th June, 2017 and corresponding notifications under the respective State Goods and Services Tax Acts)

The , hereby state that the services received as mentioned in the invoices for the period _________ to _________ are for official purpose of the , .

I, _____________________, declare that I have read and understood all the conditions mentioned above and hereby agree to abide by them.

( ____________________________ )
Name
Authorized Signatory

Note: Please take print on letterhead of the organizationand signed with stamp.

Annexure D: Format for statement of invoices

Sl. No.

GSTIN of supplier

Invoice No.

Invoice Date

Invoice Value

Taxable Value

Central Tax

State Tax / UT Tax

Integrated Tax

Place of Supply

Goods / Services

Description of goods/ services

For Official use / Personal use

Whether the said invoice is covered under the principle of reciprocity? (Y / N)

Verification


I / We > hereby solemnly affirm and declare that the information given herein above is true and correct to the best of my/our knowledge and belief and nothing has beenconcealed therefrom.

I also affirm that the invoices declared in the table above are eligible for refund under Notifications No. 13/2017 –Integrated Tax (Rate), 16/2017-Central Tax (Rate) 16/2017 –Union Territory tax (Rate) all dated 28th June, 2017and thecorresponding notifications issued under therespective State Goods and Services Tax Act, 2017.

I/We declare that no refund on this account has been received by me/us earlier.

Place Date

Signature of Authorized Signatory Designation/ Status

Annexure E: Format for monthly report
Office of the Commissioner ________
Report for the month of _______

Name of the State	Details of the UIN entity	Time Period	Status of Refund application (Sanctioned / Deficiency Memo issued/ under process/ Rejected)	Name of the State for which refund has been sanctioned	Central Tax	State Tax / Union Territory Tax	Integrated Tax	Cess
Name	UIN	From	To
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)

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