The Orissa Value Added Tax Act, 2004

Body 58. Refund of tax under special circumstances.

(1)(a) Where a registered dealer has in any return or revised return filed under this Act shown any amount to be refundable on account of sales referred to in clauses (b), (c) and (d) of section 18, and has undertaken not to adjust such amount against the amount due; as per any return in accordance with section 33, he may make an application to the assessing authority for refund of that amount in such manner and form as may be prescribed.

(b) The Registered dealer may, apply in such manner and in such form as may be prescribed, for grant of refund relating to a quarter after six months of filing the return or revised return for such quarter.

(c) The assessing authority may, on receipt of the application and such additional information from the dealer, as he may think necessary, to establish the correctness of the said claim

(d) The assessing authority shall, subject to the procedure prescribed, grant the dealer a provisional refund of ninety per centum of the amount arising for refund on the basis of the verification, for the return period for which such refund has been claimed by the dealer within a period of ninety days from the date of application for such refund:

Provided that if there is any delay in completing verification under this clause due to non-co-operation of the dealer or non-production of evidence as may be required to be furnished in support of the claim of refund or any other lapse on the part of the dealer, the period of such delay shall be excluded while computing the period of limitation and such period shall not be reckoned for grant of interest, if any admissible under Section 59:

Provided further that if such lapse on the part of the dealer persists without any valid reason, the assessing authority may reject the application for such refund after giving the dealer an opportunity of being heard. -

(e) All cases for refund, for which provisional refunds have already been granted under clause (d), shall be assessed under sub-section (1) of Section 42-A within a period of twelve months from the end of the year containing tax periods relating to the returns for which refund has been granted.

(f) Where, on assessment under clause (e), the amount of refund claimed is found to be inadmissible or more than what is granted as provisional refund, then, the claim of refund of excess amount shall be disallowed and if, in consequence thereof, any amount is found due from the dealer, he shall be liable to pay interest at the rate of two per centum per month on that amount from the date of grant of provisional refund till the date of issue of assessment order.

(g) No refund under this section shall be claimed unless it is made within twelve months from the end of the year containing the period to which the return relates.

(2) (a) Any foreign diplomatic mission or consulate in India or the United nations or any other similar international body, as may be notified by the Government, shall be entitled to refund of tax paid for goods purchased in the State and all such refunds shall be subject to the conditions and restrictions as may be prescribed.

(b) Any person, who is authorised by the body referred in clause (a), entitled to refund thereunder, may apply to the assessing authority for such refund in the manner and within the time as may be prescribed.

(3) (a) Subject to the provisions of section 31, where a registered dealer closes down or discontinues his business and the net tax payable as a result of such closure or discontinuance of business, after taking into account the closing stock, is a negative value, the dealer shall make an application for refund to the assessing authority in such form and within such time as may be prescribed.

(b) Any refund covered under clause (a) shall be granted in such manner and subject to such conditions and restrictions as may be prescribed.

(4) (a) Where any excess input tax credit for a tax period is carried forward for adjustment against the tax due for subsequent tax period or periods and such credit or part thereof remains unadjusted even after a period of twenty four months from the close of the year to which the tax period for which the return showing the excess input tax credit relates, the dealer may opt to further carry forward the credit till final adjustment or may claim refund of the amount of such excess credit remaining unadjusted.

(b) Where a dealer opts for refund under clause (a), he shall make an application to that effect to the assessing authority within such time and in such manner as may be prescribed.

(c) Any refund covered under this sub-section shall be granted in such manner and subject to such conditions and restrictions as may be prescribed.