Tds deducted on vat in different state

This query is : Resolved

Narendran (Querist)
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21 January 2015 We are a private company registered under DVAT. We supply scientific equipment to universities. One of our clients in UP, (MNNIT Allahabad)deducted 4 % as TDS against VAT and paid to the UP sales tax dept. How do we get back this money because we are not registered dealers in UP but in Delhi( and we have paid 12.5% as CST). And also is it even legal to do so.

Amol S Joglekar

Amol S Joglekar (Expert)
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21 January 2015 when you have paid CST, he should not have done VAT TDS.
For getting refund, you need to file return.
For filing return you need to get TIN.
.

Narendran

Narendran (Querist)
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21 January 2015 But then how do we get tin in UP because our office is based in Delhi. and we have a tin registered with DVAT

Amol S Joglekar

Amol S Joglekar (Expert)
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21 January 2015 if the stake is high.....show, for the time being, an office in that state.

Narendran

Narendran (Querist)
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21 January 2015 Its about 50K. But what about legal means, we are talking about a central university which has deposited this amount there. so should they not be the ones to repay our amount. Also if we show opening a company there that becomes illegal and i should pay for rent etc .. why should i bear the expense because some one there made the mistake..

Amol S Joglekar

Amol S Joglekar (Expert)
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21 January 2015 you can think of having OFFICE in the form of TABLE SPACE...
Once a person makes VAT TDS and deposits it in Govt account.....That person can neither refund it nor claim it in its VAT return..

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