FILING OF RETURNS, ASSESSMENT AND COLLECTION OF TAX, REFUND

FILING OF RETURNS, ASSESSMENT AND COLLECTION OF TAX, REFUND

5. PERIOD OF COMPLETION OF ASSESSMENT OR ASSESSMENT OR REASSESSMENT NOT TO APPLY IN CERTAIN CASES

Notwithstanding the provisions relating to the period limitation for of limitation contained in sections 15, 16 and 17, as the case may be, may be reassessment mad:

• in consequence of, or to give effect to, any order made by any court, or any authority under this Act within a period of 2 years of receipt of copy of such order by the assessing authority;
• before the expiry of 5 years following the close of the year, which any book, account, register or document seized under section 29 relates to, provided the proceedings do not extend after the expiry of the period specified in third proviso of section 29 (4).

Where the assessment or reassessment proceedings relating to any dealer remained stayed including stay of passing the final order for any period, by order of any court, or any authority under this Act, such period shall be excluded in computing the period of limitation for assessment or reassessment specified in section 15, section 16 or section 17, as the case may be.

6. RECTIFICATION OF CLERICAL MISTAKES.

Any taxing authority or appellate authority, may, at any time, within a period of 2 years from the date of supply of copy of the order passed by it in any case, rectify any clerical or arithmetical mistake apparent from the record of the case, However, no order shall be passed under section 19 without giving the person adversely affected thereby a reasonable opportunity of being heard.

7. REFUND

Introduction: If any person has charged any amount purported to be tax in excess of the tax leviable, no order allowing refund of the excess amount shall be passed in his favour by any authority under this Act or by any court unless he refunds such amount to those from whom it was charged, and where charged from a VAT dealer, the input tax shall be duly adjusted.

7.1         Conditions for Refund

Refund of input tax shall be admissible to a VAT dealer in accordance with the formula provided under section 8 (1) of this Act-

• in respect of input tax relating to the goods which have been sold in the course of export of goods out of the territory of India or have been used in manufacture and the manufactured goads have been sold in the course of export of goods out of the territory of India, in full; and
• in respect of input tax relating to the goods which have been sold in the State or in the course of inter-State trade or commerce or have been used in manufacture and the manufactured goods have been sold in the State or in the course of inter-State trade or commerce, shall be refundable to the extent the input tax exceeds the tax calculated on sale of goods on account of difference in rate of tax between the input tax and the tax calculated on sales, and the balance input tax after reducing therefrom the tax including the central sale tax levied on the sale or purchase of goods, as the case may be, shall be carried over for adjustment with future tax liability.

In continuation of the above discussion, it is confirmed that GST in India filing of refund claim has always been a tedious job in indirect taxes.

7.2         Application for Refund

A VAT dealer may on quarterly basis seek refund of input tax by making an application to the appropriate assessing authority in Form VAT-A4 and appending thereto the following documents:-

• copy of the returns in Form VAT-R1 under these rules and in Form I under the Central Sales Tax (Punjab) Rules , 1957, as applicable to the State of Haryana, for the quarter if not already filed,
• original copies of tax invoices relating to the claim of input tax in respect of the purchase of the goods;
• invoices showing the sale of the goods in the State or in the course of inter-State trade and commerce along with the documents of dispatch and delivery of the goods in other State(s);
• invoices showing the sale of the goods in the course of export out of the territory of India along with the custom clearance certificates and shipping documents;
• such other documents or evidence as the assessing authority may require for its satisfaction relating to the payment of the input tax and the tax leviable on the sale of the goods, wherever applicable.

The assessing authority shall, on receiving an application, examine the same and pass an order within 30 days of receiving the application either to allow the refund in full or in part or to disallow the same for reasons to be communicated in writing and where the refund is allowed, it shall issue to him at his option a refund payment order in form S.T.R.34 prescribed under the Punjab Subsidiary Treasury Rules or refund adjustment order in Form VAT-G9 and where it fails to do so within 60 days of the date of the assessment order allowing the refund, there shall be paid interest to the claimant at the rate of one per cent per month from the date of the order to the date when the refund payment order or refund adjustment order, as the case may be, is issued to him.

7.3         Grant of refund by assessment or by an order

 (a) Where the assessing authority finds on assessment of a dealer that he has paid any amount in excess of tax, interest or penalty assessed or imposed on him under this Act, it shall allow refund of the excess amount or allow the same to be carried forward for adjustment with future tax liability, as the case may be.

(b) Any amount refundable to any person as a result of an order passed by any court, appellate authority or revising authority, shall be refunded to him on an application containing the prescribed particulars accompanied with the following documents:-

(i) copy of the returns in Form VAT-R1 under these rules and in Form I under the Central Sales Tax (Punjab) Rules , 1957, as applicable to the State of Haryana, for the quarter if not already filed,

(ii) original copies of tax invoices relating to the claim of input tax in respect of the purchase of the goods;

(iii) invoices showing the sale of the goods in the State or in the course of inter-State trade and commerce along with the documents of dispatch and delivery of the goods in other State(s);

(iv) invoices showing the sale of the goods in the course of export out of the territory of India along with the custom clearance certificates and shipping documents;

(v) such other documents or evidence as the assessing authority may require for its satisfaction relating to the payment of the input tax and the tax leviable on the sale of the goods, wherever applicable.

The assessing authority shall, on receiving an application, examine the same and pass an order within 30 days of receiving the application either to allow the refund in full or in part or to disallow the same for reasons to be communicated in writing and where the refund is allowed, it shall issue to him at his option a refund payment order in form S.T.R.34 prescribed under the Punjab Subsidiary Treasury Rules or refund adjustment order in Form VAT-G9 and where it fails to do so within 60 days of the date of the assessment order allowing the refund, there shall be paid interest to the claimant at the rate of one per cent per month from the date of the order to the date when the refund payment order or refund adjustment order, as the case may be, is issued to him.

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