17 November 2013
Dear Experts my query is that if a seller did not receive C Forms for its Interstate sales and hence make payment to sales Tax Department as per local sales tax applicable but later it receive C forms from the concerned purchasers then how can it get refund (or set off) of excess CST which it paid when C form was not available to it?
For example MVAT=12.5% CST=2% but since C form was not given by concerned purchasers hence seller paid sales tax @ 12.5%. Now when C form is given by concerned purchasers then how can it get refund (or set off) of 10.5%(12.5%-2%).
17 November 2013
If time period is not lapsed, the return can be revised, claiming excess as c/f. Date of sale invoice, whether tax was separately charged/rate, in bill details are not given.
20 July 2025
Regarding your query on refund or set-off of excess CST paid due to late receipt of C Forms for FY 2012-13 (amount approx โน2.1 lakh), here is the detailed guidance:
Key Points: C Forms allow you to pay CST at 2% instead of the local VAT rate (12.5%) for interstate sales. If you paid VAT at 12.5% initially due to non-receipt of C Forms but later receive them, you are entitled to claim the excess tax paid (10.5% difference) as refund or carry forward (c/f). Options to Claim Excess Tax: Revision of Returns: If the time limit for revision of VAT returns for FY 2012-13 is not yet expired, you can file revised returns for the relevant periods with correct C Form details and claim the excess tax as carry forward. The carry forward can be adjusted against future VAT liability. Refund Claim: If revision is not possible (time limit expired), you may file a refund claim for excess VAT paid. Refund claims must be filed within the stipulated time period as per the Maharashtra VAT Act (usually within 2 years from the end of the financial year in which tax was paid). Submit all original C Forms as proof of eligibility for CST rate. Attach copy of the original VAT payment challans and returns. Audit Report Revision: Regarding the VAT Audit Report already filed: You cannot revise the audit report once filed. However, when you revise the VAT returns, you should update the figures accordingly. For audit, you may need to disclose the refund claim or carry forward in the next yearโs audit and mention the reason for difference. Suggested Action Plan: Check time limits: Verify if the period for revising returns or filing refund claim is still open. Gather documentation: Collect all C Forms, payment challans, original returns. Consult your CA: For FY 2012-13, if time is a constraint, filing a refund claim may be better. File revised returns if possible: Include C Forms and reduce VAT liability accordingly. File refund claim if revision not possible: Submit proper application with C Forms attached to VAT department. Note for audit: Keep documents ready to support claims in next VAT audit.