Rule
91. Grant of provisional refund.-
(1)
The provisional refund in accordance with the provisions of sub-section (6) of
section 54 shall be granted subject to the condition that the person claiming
refund has, during any period of five years immediately preceding the tax
period to which the claim for refund relates, not been prosecuted for any
offence under the Act or under an existing law where the amount of tax evaded
exceeds two hundred and fifty lakh rupees.
(2)
The proper officer, after scrutiny of the claim and the evidence submitted in
support thereof and on being prima facie satisfied that the amount claimed as
refund under sub-rule (1) is due to the applicant in accordance with the
provisions of sub-section (6) of section 54, shall make an order in FORM GST
RFD-04, sanctioning the amount of refund due to the said applicant on a
provisional basis within a period not exceeding seven days from the date of the
acknowledgement under sub-rule (1) or sub-rule (2) of rule 90:
1[Provided
that the order issued in FORM GST RFD-04 shall not be required to be
revalidated by the proper officer.]
(3)
The proper officer shall issue a 2[payment order] in FORM GST RFD-05 for the
amount sanctioned under sub-rule (2) and the same shall 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 3[on
the basis of a consolidated payment advice:]
4[Provided
that the 5[payment order] in 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 5[payment order] was issued.]
6[(4)
The Central Government shall disburse the refund based on the consolidated
payment advice issued under sub-rule (3).]
