3. FINALIZATION OF PROVISIONAL ASSESSMENT
The following process is recommended:-
a) The taxpayer may file a simple refund application along with a Chartered Accountant Certificate certifying the fact of non-passing of the GST burden by the taxpayer.
b) GST law may provide for certain pre-defined period during which refund may not be granted which can be regarded as mandatory waiting period for the outcome of appeal/application for stay.
c) GST Law Drafting Committee may also consider for providing powers to Jurisdictional Authority at sufficiently senior level for withholding the refund in exceptional cases on the condition that interest at appropriate rate has to be paid.
The following process is recommended:-
a) The taxpayer may file a simple refund application along with a Chartered Accountant Certificate certifying the fact of non-passing of the GST burden by the taxpayer.
b) GST law may provide for certain pre-defined period during which refund may not be granted which can be regarded as mandatory waiting period for the outcome of appeal/application for stay.
c) GST Law Drafting Committee may also consider for providing powers to Jurisdictional Authority at sufficiently senior level for withholding the refund in exceptional cases on the condition that interest at appropriate rate has to be paid.
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