CBIC Issues Guidelines for
Risk-Based Provisional Sanction of GST Refunds Effective from 1 Oct. 2025
Following
the recommendations of the 56th
GST Council meeting (3rd September 2025), the Central Board of Indirect Taxes and
Customs (CBIC) has issued detailed instructions on the risk-based sanction of provisional
refunds under the amended
Rule 91(2) of the CGST Rules, 2017.
Key Points:
·
System-based risk evaluation: 90% of the refund
claimed will be sanctioned provisionally
for applications categorized as low-risk
by the system.
·
Officer discretion: In specific cases, where the proper
officer records reasons in writing, provisional refund can be withheld, and a detailed examination may
be undertaken instead.
·
Exclusions: Certain notified categories under Notification No. 14/2025-Central Tax
are not eligible
for provisional refunds on zero-rated supplies.
·
Effective date: The risk-based refund mechanism applies to applications filed on or after 1st
October 2025.
·
Extension to Inverted Duty Structure (IDS): As a temporary trade facilitation measure,
90% of refund claims under IDS filed on or after 1st October 2025 may
also be sanctioned provisionally, pending formal amendment to Section 54(6) of
the CGST Act.
·
Monitoring: Implementation will be supervised by
jurisdictional Principal
Commissioners/Chief Commissioners, who must ensure effective
compliance and report progress.
The 56th meeting of the Goods and Services Tax Council held on 3rd September 2025, recommended amendment in rule 91(2) of CGST Rules, 2017 to provide for sanction of 90% of refund
claimed on provisional basis by the proper
officer on the basis of identification and evaluation of risk by the system.
In addition, a proviso
has been inserted
in rule 91(2) to provide
that, on case-by-case basis, where the proper officer is of the opinion that in a particular case, provisional refund should not be granted, he can, for reasons to be recorded in writing, instead of grant of refund
on provisional basis,
proceed with detailed examination of the application. Further, vide notification No. 14/2025-Central Tax dated 17.09.2025, category of registered persons has been notified under section
54(6) of the CGST Act, 2017, who shall not be allowed refund on provisional basis for zero rated
supplies.
2.
In order to ensure uniformity in the implementation of the provisions of the Act across field formations and to streamline the process
of GST refunds, the Board, hereby issues the following
instructions with respect to processing of refund claims,
filed with the proper officer, on account
of zero rated supply of goods or services
or both.
3.1 While processing refund
applications, the following
may be ensured:
a.
The refund application, consequent to its filing, shall continue to be processed as per extant guidelines till the issuance of FORM GST RFD-02 or FORM GST RFD-03, as the case may be. The extant timeline
prescribed for the issuance of FORM GST RFD-02 or FORM GST RFD-03,
as the case may be, should
be strictly adhered
to.
b.
Categorization of refund applications as low-risk
on the basis of risk score provided
by the system shall be taken into account and 90% of the refund amount claimed shall be sanctioned on provisional basis in such cases.
c.
It may be noted that once an acknowledgment has been issued in FORM GST RFD-02,
scrutiny is not required
to be done for low risk refund applications for sanctioning of refund on provisional basis unless the said refund application is covered under the first proviso to rule 91(2) of the CGST Rules,
2017, whereby the officer, for reasons to be recorded
in writing, may proceed with the examination of the application in accordance with the provisions of rule 92, instead of grant of refund on provisional basis.
d.
For refund applications, which are not categorised as low-risk
by the system,
refund shall not be sanctioned on provisional
basis and in such cases, the proper officer
shall proceed with detailed scrutiny of refund application and further action as per the extant
guidelines.
3.2 The statutory conditions prescribed for grant of provisional refund, including non-eligibility of the notified category of registered persons under section 54(6) vide notification No. 14/2025-Central Tax dated 17.09.2025, the requirement under rule 91(1) regarding
non-prosecution, shall continue to be applicable in these cases. Further, as no adjustment or withholding of refund, as provided under sub-sections
(10) and (11) of section 54 of the CGST Act, can be done in respect of the provisionally sanctioned amount, therefore, in such cases, the proper officer,
instead of granting refund on provisional basis, may process
and sanction refund
on final basis at the earliest
and recover the amount
from the amount so sanctioned. Also, provisional refund may not be sanctioned where, in respect of any previous
refund application filed by
the claimant, the issue involved
is pending in an appellate
forum, or where a show cause
notice is issued or where an order has been passed but matter
has not attained finality.
3.3 It is clarified that as the said amendment
has been made for trade facilitation, therefore the said proviso to rule 91(2) of the CGST Rules, 2017 may be used sparingly and on case-to-case basis, so that the provisional refund
is not denied merely on the basis of presumptive reason(s), initiation of routine proceedings such as scrutiny
etc.
3.4 It also needs to be noted that if, on detailed examination, it appears
to the proper officer that the refund amount sanctioned provisionally is more than the refund amount finally found admissible, in such case, the proper officer shall issue a show cause notice to the applicant, in FORM GST RFD-08,
under section 54 of the CGST Act, read with section 73 or 74 or 74A of the CGST Act, as is presently
being done.
5.
It is worthwhile to note that the GST Council,
in its 56th meeting, has also recommended amending
Section 54(6) of the CGST Act, 2017,
to provide for sanction of 90% of the refund amount claimed
on provisional basis, in case of refund claims filed on account of inverted duty structure (IDS), similar
to the provisions in place for zero-rated supplies. However,
the said amendment
to the Act will be incorporated through the forthcoming Finance Act and States will also be required to pass the corresponding amendments in their respective legislations, which will take time.
5.1.Therefore, as an interim measure of trade facilitation, it has been decided
by the Central Government that till this amendment
in the Act is effected, in case of refund applications filed on account of IDS, on or after 01.10.2025, 90% of the refund amount so claimed may be sanctioned on provisional basis in similar manner
as is being sanctioned provisionally for refund claims filed on account of zero-rated supplies.
5.2.The manner for processing such refund applications shall be the same as specified in para 3.1 to para 3.4 above.
Further, the statutory conditions prescribed for grant of provisional refund in case of zero rated supplies shall equally
apply in these cases.
5.3 It is further stated that the functionality for issuance of provisional refund in such cases has been made available
by GSTN, on lines similar
to the provisional refund processing for refund applications filed on account
of zero rated supply of goods or services or both.
6.
The implementation of this instruction may be supervised by the jurisdictional Principal Commissioner/ Commissioner and a report in this regard may be sent to the jurisdictional Principal Chief
Commissioner/ Chief Commissioner. Principal Chief Commissioner/ Chief Commissioner should ensure that the trade facilitation measures decided
upon by the Government are implemented
in letter and spirit
and there is proper
monitoring regarding the same.
7.
Difficulty, if any, in implementation of this instruction may please be brought to the notice
of the Board.
File No.: CBIC-20006/4/2025-GST