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51.Provisional refunds M. VAT ACT

 

51.Provisional refunds

 
(1) If a registered dealer has filed any returns or revised returns as required by or under this Act, and such returns show any amount to be refundable to the said dealer, then the said dealer may apply in the prescribed form to the Commissioner for grant of a provisional refund pending assessment.
(2) The Commissioner may require the said dealer to furnish such Bank Guarantee for such period as may be prescribed . On receipt of such guarantee, the Commissioner shall subject to rules, grant the dealer a provisional refund of the amount claimed refundable as aforesaid within six months of the end of the year containing the period to which the return or revised return relates and the refund relating to all the periods contained in one year may be granted by a single order:
Provided that the refund relating to any period covered by a return shall be granted within three months of the end of the period to which the return relates if the dealer is,-
(a)             is an exporter within the meaning of sub-section(1) of section5 of the Central Sales Tax Act, 1956
(b)             is an unit specified in the Explanation to sub-section (3) of section 8
(c)             holds a certificate of Entitlement under any Package Scheme of Incentives,
Provided further that where the dealer has obtained a registration certificate as provided under section 16 except on account of change of place of business to a different local area, then the provisional refund in respect of the year containing the date of effect of the registration certificate shall be granted within six months of the end of the year succeeding the said year.
(d)             a person or dealer specified to be eligible for refund in any notification issued under sub-section(1) of section 41.
(3)If it is found that the provisional refund granted is in excess of the refund found due , then the excess shall be recovered as if it a tax due from the dealer and on such excess, interest shall be leviable at the prescribed rate per month or part thereof from the date of grant of the provisional refund.”
(4)If the dealer is required to furnish any information before the grant of provisional refund and the required information is not furnished in the prescribed time, then, for the purposes of this Act, the period in which the refund is to be granted shall commence from the first date of the month following the month in which the required information is furnished.
(5)Provisional refund shall not be granted under this section if before the grant of refund, a notice for assessment covering the period to which the refund relates is issued or proceedings under sub-section (3) or (4) of section 64 in respect of the period to which the refund relates are initiated .
(For the above section (51) the following section (51) is substituted by the MaharashtraAct No. XXXII of 2006 Dt. 05.08.2006)
“ 51.  Provisional refunds –
(1) Where a registered dealer has in any return, fresh return or revised return shown any amount to be refundable and has not undertaken to adjust such amount against the amount due as per any return in accordance with section 50, the Commissioner shall, on an application made by the dealer and subject to rules, and the other provisions of this Act, grant refund of such amount to the said dealer.
(In the above sub-section (1), the word “subsequent” is deleted by the MaharashtraAct No. XXV of 2007 Dt. 06.08.2007)
                   (2) (a) The Commissioner shall, grant the dealer refund of the amount claimed refundable as aforesaid within six months of the end of the year to which the return, fresh return or revised return relates and the refund relating to all the periods contained in one year may be granted by a single order :
Provided that, where the return, fresh return or, as the case may be, revised return is filed after the date prescribed for filing the last return of the said year, then the period of six months shall be counted from the date of filing of the said return, fresh return or revised return.
(For the above clause (2) (a), the following clause (2) (a) is substituted by the MaharashtraAct No. XXV of 2007 Dt. 06.08.2007)
          (2) (a) The registered dealer may, after the end of the year to which the return, fresh return or revised return relates, make an application in the prescribed form for grant of refund of the amount claimed refundable as aforesaid. The Commissioner may, within one month of the receipt of the application call for such additional information from the dealer, as he may think necessary. The refunds relating to all the periods contained in one year may be granted by a single order.
              (b) Notwithstanding anything contained in clause (a), where a dealer has obtained a registration certificate as provided under this Act, then the refund in respect of the returns, fresh returns or revised returns in respect of the year containing the date of effect of registration shall be granted within six months of the end of the year succeeding the said year :
Provided that, the said dealer may apply in the prescribed form to the Commissioner at any time after the end of the year to which the refund relates for grant of the said refund and the Commissioner may subject to rules including rules relating to bank guarantees grant such refund:
Provided further that, where the return, fresh return or, as the case may be, revised return is filed at any time after the date prescribed for filing the last return of the said year, then the refund shall be granted within eighteen months of the date of filing of the return, fresh return or revised return.
(The above proviso is deleted by the MaharashtraAct No. XXV of 2007 Dt. 06.08.2007)
 
           (3) (a) Notwithstanding anything contained in sub-section (2), if a dealer is,—
(i) an exporter within the meaning of sub-section (1) or sub-section (3) of section 5 of the Central Sales Tax Act, 1956 ; or
(ii) a unit specified in the Explanation to sub-section (3) of
section 8 ; or
(iii) a holder of a Certificate of Entitlement under any Package Scheme of Incentives except the New Package Scheme of Incentives for Tourism Projects 1999;or
then he may apply in the prescribed form to the Commissioner after filing the return for grant of refund relating to the period covered by a return, fresh return or revised return.
( In the above sub-section (3), in clause (a) in sub-clause (iii), for the words and figures “Tourism Projects 1999;” the words and figures “Tourism Projects 1999; or” are substituted by the MaharashtraAct No. XXV of 2007 Dt. 06.08.2007)
(iv) selling any goods in the course of inter-State trade or commerce; or
(v) the Canteen Stores Department or the Indian Naval Canteen Services.
(The above sub-clauses (IV) & (V) are added by the Maharashtra Act No. XXV of 2007 Dt.  06.08.2007)
          (b) The Commissioner, within one month of the receipt of the said application,—
                   (i) may require the dealer to furnish such bank guarantees for such amounts from such banks, for  such periods and to such authorities as may be prescribed; and
                   (ii) may call for such additional information as he may think necessary.
             (4) Where in any period covered by a return, the dealer has made a sale in the course of inter-State trade or commerce and in the return, fresh return or revised return filed in respect of the said period, he has shown any amount to be refundable, then he may apply in the prescribed form to the Commissioner, after filing the return as may be due, for grant of refund relating to the period covered by the return, fresh return or revised return. He shall furnish a bank guarantee on or after making the said application for such amount, from such banks, for such periods and to such authorities as may be prescribed.
(5) The Commissioner shall, within one month of the receipt of bank guarantee, where it is required to be furnished under sub-section (2), (3) or (4), grant the dealer a refund of the amount claimed as refundable in the return.
Where the Commissioner has not required the dealer to furnish a bank guarantee or in any case, the Commissioner has called for additional information, then the Commissioner shall grant the dealer a refund of the amount found due. The refund shall be granted within a period of three months from the date of receipt of the application or, as the case may be, the date of receipt of the additional information whichever is later.
    (For the above sub-sections (4) & (5) following sub-sections (4) & (5) are substituted by the MaharashtraAct No. XXV of 2007 Dt. 06.08.2007)
(4) The Commissioner shall grant the refund under this section within three months of the receipt of application or receipt of additional information whichever is later. If the additional information is not furnished, then the refund shall be granted within six months of the receipt of the application.
(5) Notwithstanding anything contained in this section, if the dealer has furnished a bank guarantee for such amount, from such bank, for such period and to such authority as may be prescribed, the Commissioner shall grant the refund due under sub-section (2) or (3), within one month of the furnishing of the bank guarantee, irrespective of whether the additional information has been furnished or not.
    (6) (a) If before the grant of refund under this section, a notice for assessment covering the period to which the return relates is issued or if any proceedings under sub-section (3) or sub-section (4) of section 64 are initiated in respect of the period to which the return relates, then,—
(i) if the dealer has not furnished a bank guarantee then no refund under this section shall be granted ; and
(ii) if the dealer has furnished a bank guarantee then an amount equal to the guaranteed amount shall be refunded.
(b) If it is found as a result of any order passed under this Act that the refund granted under this section is in excess of the refund, if any, determined as per the said order, then the excess amount shall be recovered as if it is an amount of tax due from the dealer and the dealer shall be liable to pay simple interest at the prescribed rate per month or part thereof from the date of the grant of refund.
(7) No refund under this section shall be granted unless an application as provided is made and no application under this section shall be entertained unless it is made within three years from the end of the year containing the period to which the return relates.”.

 

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