whether vat refund taxable in income tax act

whether vat refund taxable in income tax act???????????

Kindly support with judgements if any.......

Replies (4)

This does not require in any case law to understand. Whenever a purchase is made where VAT has been charged. Vat is debited to a seperate account i.e. Input tax credit a/c. If this amount is refunded it will just adjust the account.It has nothing to do with Expenses or income a/c.

Accounting Standard 2 issued by ICAI also requires that any tax if refundable should not be debited to purchase a/c.

Please suggest under what circumstances it will be debited in expense a/c

If it was allowed as an expense earlier at the time of payment(For eg..material for which no input credit is claimed), it will be taxable on refund.(See Sec. 41)

 

Else.....Exempt.

>>Vipul Garg

Vipul is right. If the refund is earlier charged on expenses, it will be taxable; if not charged on expenses, it will not be taxable.

If previous year  2007-08 vat payable liabiltiy paid in current year (2008-09)without provision in earlier year (2007-08)allowed as expenses in 2008-09 under Income tax act

Regards

paresh

 

 

 

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