TRADE CIRCULAR No.VAT /AMD-1012/lB/Adm-8, Date: 21/04/2012

Trade Cir. No.6T of 2012

Sub: Carry forward of the refund upto Rs. 1 lakh for the financial year 2011-12 to the F.Y. 2012-13

Ref:

(1) Trade Circular No.15T of 2010 dated 15.4.2010.

(2) Trade circular No.6T of 2011 dated 15.4.2011.

Gentlemen/Sir/Madam,

You are aware that the sub-section (2) of section 50 of the Maharashtra Value Added Tax Act, 2002 prohibits the carry forward of the refund for the return period ending March-2012 of Financial Year to first return of the next Financial Year i.e. 2012-13.

2. In view of the difficulties that are being faced by the trade, it was administratively decided to allow carry forward of the refund for the return period ending March-2009 to first return of the next Financial Year i.e. 2010-11 and likewise this concession was also provided for the year 2011-12 vide Trade Circulars cited at reference.

3. The department has received representations from the Trade and Associations with a request to allow the carry forward of the refund claim for the return period ending March 2012 to the next year 2012-13.

4. In view of the above, it is decided on the administrative grounds to allow carry forward of the refund claim upto rupees one lakh for the return period ending March-2012 to the first return of the next financial year i.e. 2012-13. In case, any dealer, who has already filed the claim of refund, for the period/ periods of 2011-12 in Form-501 and desires to withdraw such claim so as to carry forward his refund then such dealer shall file a revised return showing carry forward of such refund. It would be necessary for him to make an application to the concerned authority for withdrawal of refund application in Form 501 In other words, the concession to carry forward the refund as stated above will be considered only if the application for refund is withdrawn.

5. This circular cannot be made use of for legal interpretation of provisions of law, as it is clarificatory in nature. If any member of trade has any doubt, he may refer the matter to this office for further clarification.

6. You are requested to bring the contents of this circular to the notice of all the members of your association.

Yours faithfully

(Sanjay Bhatia)

Commissioner of Sales Tax,

Maharashtra State , Mumbai

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10 responses to “MVAT – Carry forward of refund upto Rs.1 lakh for the F.Y. 2011-12 to F.Y. 2012-13”

  1. Vinay says:

    If I want Vat refund for F.Y 2010-2011 How Can Get wat is the procedure ??

  2. SAURABH says:

    You are not allowed to Brought forward the Excess credit more than Rs. 5,00,000 in return with From Period 20140401 IN MVAT.
    IS ABOVE STATEMENT TRUE?

  3. Chandrashekhar D. Apte says:

    Dear Sir,

    Please give suggestion for following case :

    We take set off c/f in original return for F.Y. 2011-2012 Rs. 6,00,000/- but at the time of VAT Audit for F.Y. 2011-2012 we wrongly book as Refund in revised return.
    We did not claim Refund for the same.But we take set off b/f in next financial year 2012-2013.
    Now Sales Tax Officer disagree with the same.
    So, please provide best possible suggestion as soon as possible.

  4. SUNIL B.AGRAWAL says:

    Sir
    Can we adjust F.Y.2012-13’s VAT refundable with VAT liability of Cur.Year 15-16

  5. tax baniya says:

    Sir,
    Vat refund application form 501 can be filled belated or not?
    If not then what is the procedure to claim vat refund?

  6. ajay says:

    What is the limit to carry forward MVat Credit amount and also time limit ?

  7. kapil patel says:

    what is the set off carried forward limit in the a.s.year 2014-15 in mvat (Rs.1,00,000/-, Rs.5,00,000/- or Rs.10,00,000/-

  8. VINAY says:

    It is given in the Maharashtra Value Added Tax Act under section 50(2) wording clearly says that refund is to be carried forward upto Rs. 5,00,000/-

  9. Drashti Shah says:

    What is the limit to carry forward MVat Credit amount??
    Rs.500,000 or Rs. 100,000?

    Thanks in advance.

  10. CA Irfan A Shaikh says:

    Is there any circular which allows carry forward of refund up to 5 lakh? I heard from some one that the carry forward limit has been increased from 1 lakh to 5 lakh for financial year 12-13, but did’t find any circular. If you have please publish it on your website as soon as possible.

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