17 December 2013
Dear Sir, We are merchant exporters located in Jamnagar-Gujarat. We recently purchased PTFE soft strips (One type of gasket used in petroleum industries)from one of seller at Mumbai-Maharashtra and exported to Saudi Arabia through TNT express cargo.The seller charged 12.5 % VAT as per Maharashtra Govt. taxation rules and we paid too, as we were in hurry to export the consignment.Since our company registered in Gujarat and the seller is in Maharashtra,he should charge 2% CST against C form/H form, he did not agreed and argued that since you are taking ex-work delivery of the material, not crossing Maharashtra state border,you have to pay full VAT as per Maharashtra Govt. rules.We had to agree as consignment was very urgent. Now we want to know procedure for refund from Maharashtra Govt. sale tax dept.(If any) Regards, Kantibhai
17 December 2013
It is simple,if the dealer is cooperating.He can revise the invoice and reduce the taxes levied.The taxes paid can also be reversed by revising the return. Once the tax paid to the Maharashtra govt becomes excess it can be adjusted with other payable taxes by the supplier.The Mumbai supplier can refund the amount collected to you. You can send a H form for purchase.If he does not agree you can file an application to the Commissioner of Commercial Taxes,Maharashtra quoting wrong payment of tax through wrong invoice etc.After due verification he will do the refund.But the first method is easy....mjk
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