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Refund in MVAT.

RAHUL GAIKWAD

I have not filed the Refund Application in Form 501, for FY 2017-18, within the prescribed time limit.

how can I claim the refund ?

Is there any High court decision in said matter.

please provide the deatils.

Refund limitation under MVAT: belated returns can revive refund claims, seek commissioner relief or writ remedy. Refund claims under MVAT require submission in Form 501 within the stipulated filing period; a dealer may apply to the Commissioner after the end of the succeeding year to which the refund relates. If a return for that year is filed belatedly, refund consideration may be available within a limited period measured from the date of filing of the belated return. Administrative relief from the Commissioner or a writ petition in the High Court are practical routes when substantial stakes are involved. (AI Summary)
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YAGAY andSUN on May 20, 2020

Time Limit For refund Application undre MVAT: –

The said dealer may apply to commissioner at any time after the end of said succeeding year to which refund relates, provided where any return has been filled at any time after date prescribed for filing the last return of the said year then refund shall be granted within 18 months of date of filing of such belated return.

Time Limit For Filing 501: –

The Filling shall be done within stipulated time limit of 18 months from the end of the financial year to which refund claim relates.

If stake involved are huge, then, you may write to MVAT Commissioner or file a writ petition in Jurisdiction High Court.

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