Chapter - X of CGST Rules, 2017
REFUND
RULE 91. Grant of provisional refund (corresponding section 54)
(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 2[payment 
order] [helldod old[payment 
advice] helldod] 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].
1[Provided that the 2[payment order] [helldod old[payment advice] helldod] 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 2[payment order] [helldod old[payment advice] helldod] was issued.]
3[(4) 
The Central Government shall disburse the refund based on the consolidated 
payment advice issued under sub-rule (3).]
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1. Inserted Vide :- Notification No. 03/2019-Central Tax Dt.29.01.2019 [Para 16(a)(b)]
2. Substituted Vide :- Notification No. 31/2019-Central Tax Dt.28.06.2019 [Para 10] wef 24.09.2019 Notification No. 42/2019-Central Tax Dt.24.09.2019
3. Inserted vide:- Notification No. 49/2019-Central Tax Dt.09.10.2019 [w.e.f. 24.09.2019] [Para6]