Section 54 of the CGST Act allows refund of unutilised input tax credit in two situations: zero-rated supplies made without payment of tax (exports and SEZ supplies under a Letter of Undertaking), and inverted duty structure (rate of tax on inputs higher than on outputs). Both run through form RFD-01 with formulas prescribed in Rule 89 of the CGST Rules — the formula output, the Net ITC availed, and the balance in the electronic credit ledger together cap what is actually sanctioned.
Rule 89(4) for zero-rated supplies: Refund = (Turnover of zero-rated supply of goods + services) × Net ITC ÷ Adjusted Total Turnover, where Net ITC is the ITC availed on inputs and input services (capital goods excluded), and export goods turnover is taken at the declared value or 1.5 times the value of like goods supplied domestically by the same or similarly placed supplier, whichever is lower. Circular 197/09/2023 additionally clarifies goods value is taken as the lower of FOB per shipping bill and the tax invoice value.
Rule 89(5) for inverted duty (as amended by Notification 14/2022-CT dated 5 July 2022, on the GST Council's 47th-meeting recommendation): Maximum Refund = (Turnover of inverted rated supply × Net ITC ÷ Adjusted Total Turnover) − (Tax payable on inverted rated supply × Net ITC ÷ ITC availed on inputs and input services). Here Net ITC means ITC on inputs (goods) only. The amendment replaced the old formula's full deduction of output tax with a proportionate one, so ITC used from input services to pay output tax no longer eats the refund rupee-for-rupee. The change applies prospectively to applications filed on or after 5 July 2022 (Circular 181/13/2022).
Process: RFD-01 is filed online with statements and declarations; an acknowledgement (RFD-02) or deficiency memo (RFD-03) follows within 15 days. For zero-rated claims, a provisional refund of 90% can be sanctioned within 7 days (RFD-04), with the final order (RFD-06) due within 60 days. A deficiency memo is not a query — it voids the application, and a fresh RFD-01 must be filed with the limitation clock still running.
In a tax period, an exporter makes zero-rated goods exports of ₹50 lakh under LUT (no like goods sold domestically), domestic taxable supplies of ₹30 lakh, avails Net ITC (inputs + input services) of ₹6 lakh, and has Adjusted Total Turnover of ₹80 lakh.