Civil Procedure Code (CPC)

cst case

This query is : Resolved 

24 June 2009

vat has been wrongly charged instead of cst for dispatch of goods from punjab to outside the state. The goods have already been dispatched and reached to its destination in Tamilnadu. Please advice how to rectify the mistake and related matters

s.subramanian (Expert)
09 November 2010

Meant for CA club

R.Ramachandran (Expert)
09 November 2010

There is a provision in Punjab VAT Act for refund of excess paid VAT. Section 26(4) of the PVAT Act provides that "If any person referred to in sub-sections (1) and (2), discovers any bonafide error or omission in any return furnished by him, he may rectify such error or omission in the return, due to be filed immediately following the detection of such error or omission. If such rectification results in a higher amount of tax to be due than the original return, it shall be accompanied by a receipt for payment of the additional amount of tax, payable along-with the interest at the rate specified under this Act for the period of delay, in the manner prescribed in sub-section (3). No such rectification shall, however, be allowed after the end of the financial year immediately following the year to which the rectification relates or issue of a notice for audit or assessment whichever, is earlier. Where such rectification results in excess amount of tax having been paid than due, such excess tax shall be refundable on application as per provisions of this Act and the rules framed thereunder. No adjustment shall, however, be allowed for such excess payment"
So revised return has to be filed both for VAT as well as for CST and the excess paid VAT has to be claimed as a refund.

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