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Notification No. 47/2017 – Central Tax Explained

by Shakshi Bharti | Apr 19, 2024 | GST, 2017 Notifications, Central Tax 2017 Notifications, Notifications | 0 comments

Important Keyword: Notification No. 47/2017 Central Tax, CGST tenth amendment rules, GST refund amendment 2017, Rule 89 amendment GST, Rule 96A amendment GST, GST RFD-01 refund rules India,

Words: 1166 Read time: 6 minutes.

[F. No. 349/58/2017-GST(Pt.)]
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

New Delhi, the 18th October, 2017

Notification No. 47/2017 – Central Tax: Tenth Amendment to the CGST rules, 2017.

GST: [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

G.S.R……(E):- In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-

  • These rules may be called the Central Goods and Services Tax (Tenth Amendment) Rules, 2017.
  • They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Goods and Services Tax Rules, 2017, –

  • in rule 89, in sub-rule (1), for third proviso, the following proviso shall be substituted, namely:-
    “Provided also that in respect of supplies regarded as deemed exports, the application may be filed by, -
    • the recipient of deemed export supplies; or
    • the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund”;
  • in rule 96A, in sub-rule (1), in clause (a),after the words “after the expiry of three months”, the words “, or such further period as may be allowed by the Commissioner,” shall be inserted;
  • in FORM GST RFD-01,
    • for “Statement-2”, the following Statement shall be substituted, namely:-

“Statement- 2 [rule 89(2)(c)]

Refund Type: Exports of services with payment of tax

(Amount in Rs.)

Sr. No.Invoice detailsIntegrated taxBRC/ FIRCCessIntegrated tax and cess involved in debit note, if anyIntegrated tax and cess involved in credit note, if anyNet Integrated tax and cess(6+7+10 -11)
No.DateValueTaxable valueAmt.No.Date 
123456789101112
           .”
  • for “Statement-4”, the following Statement shall be substituted, namely:-

“Statement-4 [rule 89(2)(d) and 89(2)(e)]

Refund Type: On account of supplies made to SEZ unit or SEZ Developer (on payment of tax)

(Amount in Rs.)

GSTIN of recipientInvoice detailsShipping bill/ Bill of export/ Endorsed invoice by SEZIntegrated TaxCessIntegrated tax and cess involved in debit note, if anyIntegrated tax and cess involved in credit note, if anyNet Integrated tax and cess (8+9+10– 11)
No.DateValueNo.DateTaxable ValueAmt. 
123456789101112
           .”

(Gunjan Kumar Verma)
Under Secretary to the
Government of India

Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub- section (i) vide notification No. 3/2017- Central Tax, dated the 19thJune,2017, published vide number G. S. R 610 (E), dated the 19thJune, 2017 and last amended vide notification No. 45/2017- Central Tax, dated the 13th October, 2017, published vide number G. S. R 1251 (E), dated the 13th October, 2017.


📚 Frequently Asked Questions (FAQs): Notification No. 47/2017 – Central Tax

Q1: What is Notification No. 47/2017 – Central Tax?

Answer:
Notification No. 47/2017 – Central Tax introduced the Tenth Amendment to the CGST Rules, 2017, mainly affecting refund procedures for deemed exports, export of services, and SEZ supplies.

Q2: When was Notification No. 47/2017 issued?

Answer:
It was issued on 18 October 2017 by the Ministry of Finance, Government of India.

Q3: Which section allows the government to amend CGST Rules?

Answer:
Amendments to CGST Rules are made under Section 164 of the CGST Act, 2017.

Q4: What is the main change in Rule 89?

Answer:
Rule 89 now allows either the supplier or recipient to claim refund for deemed export supplies, provided proper undertakings are submitted.

Q5: What change was made in Rule 96A?

Answer:
The amendment allows the Commissioner to extend the export realization period beyond 3 months.

Q6: What is Form GST RFD-01 used for?

Answer:
Form GST RFD-01 is used to apply for refunds under GST, including refunds for exports, SEZ supplies, and deemed exports.

Q7: What are Statement-2 and Statement-4?

Answer:
Statement-2: Refund for export of services with tax payment
Statement-4: Refund for supplies to SEZ units or developers
These were updated by Notification No. 47/2017.

Q8: Can the supplier claim refund for deemed exports?

Answer:
Yes, but only if the recipient does not claim ITC and provides an undertaking allowing the supplier to claim the refund.

Q9: What happens if both supplier and recipient claim refund?

Answer:
GST law prohibits double refunds. Only one party can claim the refund.

Q10: Does this notification affect exporters?

Answer:
Yes. Exporters benefit because Rule 96A now allows additional time for receiving export payments.

Q11: Is GST registration mandatory for claiming refunds?

Answer:
Yes. Only registered GST taxpayers can claim refunds.
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Q12: How do SEZ supplies qualify for refund?

Answer:
Supplies to SEZ units or developers qualify for GST refund if they are used for authorized operations.

Q13: Can startups claim GST refunds under these rules?

Answer:
Yes. Startups supplying goods to EOUs or SEZ units can claim GST refunds under these provisions.
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Q15: How can businesses avoid GST refund mistakes?

Answer:
Businesses should maintain proper documentation, file accurate returns, and follow updated GST rules.
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https://finodha.in/gst-compliance/

Conclusion

Notification No. 47/2017 – Central Tax introduced important improvements to the GST refund mechanism through the Tenth Amendment to CGST Rules, 2017.

By clarifying refund eligibility, allowing extension for export proceeds, and improving refund documentation formats, the government simplified GST compliance for exporters and businesses dealing with SEZ units.

Understanding these amendments helps businesses avoid refund rejections and improve cash flow.


Download PDF: Notification No. 47/2017 – Central Tax


More Information: https://taxinformation.cbic.gov.in/

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