Is there any time limit to claim refund of pre deposit amount

1088 views 1 replies
Respected Sir, I have filed refund of pre deposit amount when apeal order passed in my flavour after 2 year of order date. Department has issued Show cause notice u/s 54 for time bar case refuse to release refund. What Can I do......there is any time limit of pre deposit amount paid on cash.
Replies (1)

You've received a show cause notice under Section 54 for a time-barred case, and the department is refusing to release the refund.

 Here's what you can do:

 1. Respond to the show cause notice: Explain the circumstances that led to the delay in filing the refund claim.

Highlight that the appeal order was passed in your favor, and you filed the refund claim within a reasonable time after the order.

 2. Cite relevant case laws: Refer to case laws where courts have allowed refunds beyond the time limit due to extraordinary circumstances.

3. Clarify on pre-deposit amount: As per Section 54(3), the pre-deposit amount paid in cash is not subject to any time limit.

You can argue that the pre-deposit amount is refundable, regardless of the time limit.

4. Seek legal advice: Consult a tax advocate or chartered accountant to help you draft a strong response to the show cause notice and represent your case.

5. Approach the appellate authority: If the department still refuses to release the refund, you can appeal to the higher authority, citing the grounds mentioned above.

Remember to stay within the time limits for responding to the show cause notice and filing appeals. Good luck!

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details