Refund procedure in commercial Department

[Guest]

Dear Sir,

We are a manufacturer and we sale the goods to Uttarakhand state on which Road permit is applicable for pass the boarder. At the time of Passing the Merrut Check post the commercial officer found that in our one excise invoice there is no sing of Authorized Signatory. So he seize our truck and send demand notice to us foe deposit the specified amount for relies the truck. We deposit this amount and relies our truck.

My query is this deposit amount which we deposit for relies the truck is refundable ?

if yes how can we get refund of this deposit for merrut commercial department ?

Please help me if any one have any idea regarding this issue.

Regards

Swapneswar

[DR.MARIAPPAN GOVINDARAJAN]

If any further action is not taken, the deposit amount may be got refunded. You have to approach the proper authority in this regard.

[Ganeshan Kalyani]

In practice such amount recovered is alike penalty and department do not refund te amount. Subsequent to your payment on the spot to release your vehicle the department would initiate assessment on the issue if the quantum is substantial and you will have to comply the procedures.

[YAGAY andSUN]

Dear Swapneswar,

Invoice/Bill not signed by Authorised Signatory is cureable defect provided Central Excise Duty and VAT/CST had been corrected mentioned or Phrase Stock Transfer under CST Form F mentioned. Tax/penalty so paid under such circumstances would be treated as par with Deposits untill unless an appeal/objection is filed against such seizure/Tax/penalty within prescribed time limit.

File an appeal against the impugned order with all material facts/contention to prove your Guiltlessness and for claiming the refund from UPVAT Department.

Regards,

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

AI Summary

Deposit taken for release of goods may be recoverable if no further action; file appeal to claim refund. Deposit taken at a commercial checkpost to secure release of goods for an unsigned excise invoice may be recoverable if no further action is taken; the consignor should approach the competent authority and, where appropriate, file an appeal or objection with supporting documentation because such payments are often treated as deposits pending resolution but may be treated as penalties or trigger departmental assessment.