Declaration- Non transfer of incidence
GST / Miscellaneous resources
Template Description
This declaration template, created under Rule 89(2)(1) of the GST Rules, is essential for companies or entities filing for GST refunds. It is a 2-page MS Word document, formatted on the official letterhead of the company. The intended audience for this template includes businesses, GST practitioners, company secretaries, and finance professionals responsible for GST compliance.
Understanding a Self-Declaration Under Rule 89(2)(1)
Terminologies:
- 'Self-Declaration' means a formal declaration by an entity, stating that the company meets certain conditions as per the Goods and Services Tax (GST) law for a refund claim.
- 'GSTIN' stands for Goods and Services Tax Identification Number, a unique number assigned to every GST-registered entity in India.
- 'Rule 89(2)(1)' refers to a specific section under the GST refund rules, dealing with conditions that need to be satisfied before a refund can be granted.
Procedure for Filing a Self-Declaration for GST Refund:
- Prepare on Letterhead: Use the company’s official letterhead, including the company’s name, address, and GSTIN. Include the date of the declaration at the top of the letter.
- Declaration Addressing: Address the letter to the Assistant Commissioner of Goods & Service Tax of the relevant jurisdiction (Ghatak). Specify the city where the filing is being made.
- Provide Entity Information: In the body of the letter, clearly mention the name of the entity, GSTIN, and the designation of the person making the declaration.
- Solemn Declaration: Declare that the company/entity satisfies the conditions required for the GST refund under Rule 89(2)(1). Ensure the declaration is signed by an authorized individual in a capacity like Director, Proprietor, or Partner.
- Additional Information: Provide any supporting documents or references needed to substantiate the claim (not included in the template but may be mentioned in the cover letter).
- Certification: Certify that the information provided is true to the best of the declarant’s knowledge and belief.
Key Considerations:
- Ensure accuracy in the entity’s name, GSTIN, and other details to avoid delays or rejection.
- The individual signing the declaration should be duly authorized to represent the company in legal matters concerning GST.
- The letter should be formatted professionally on the official letterhead for credibility.
- Always maintain copies of submitted declarations for future reference and audit purposes.
Conclusion:
The self-declaration under Rule 89(2)(1) is a vital document for businesses seeking refunds on GST payments. This template simplifies the process by providing a standard format that can be customized according to the specific details of the company. Ensuring the declaration is correctly filled out, signed, and submitted in the required format will expedite the refund process and ensure compliance with GST regulations