30 August 2011
Hi 1. one of my client have paid excise on export sales my mistake in May 2010. The same is detected now, is there any way of getting credit or refund of the same.
2. The same client have also paid excise on one of the sales bill which was not processed completely hence the sale was not done but by accountants mistake the same was included in excise return and the liability was discharged In both of the above cases can we get refund of credit in PLA?
30 August 2011
1. is the deviation informed to the Range Superintendent? if yes then you can proceed now and after verification of facts he may allow you to take credit in RG-23A-Part 2, if the same is not reported, then not possible at this stage.
2. once the invoice is issued and duty is paid, return of goods or cancellation of invoice only can call back the duty payment, check your records what preventive measures have been taken in this record by the manufacturer to recall the duty.
31 August 2011
1. If it has not been intimated till now can we intimate it now and ask for condonation of delay
2. If the invoice is not cancelled till date can we do that now and take we credit of the same or record it as sales return, ( But if we book it as sales return the same is not even booked as purchases in the customers books) can this be a risk ?
31 August 2011
1. as assumed the books of accounts are finalized and no provision has been made by the assesee for such irregularities, so department will not consider your request, as it would be unjust enrichment.
2. same as above, as you failed to cancell the invoice even, so department view would be that you have already cleared goods to any 3rd party and now making stories,
scurtinize your records and get views of your auditor in this issue, if final accounts had kept provisions for such irregularities correction then only u can seek help of Range officer to rectify these.
CAclubindia
