Download J&K FORM VAT – 40-A: Application for refund of Input Tax under Section 53 Of the Jammu & Kashmir Value Added Tax Act
As per J&K VAT Rule 58 Reimbursement of tax
(1) The Jurisdictional Assessing Authority shall reimburse the amount of tax on an application made in Form VAT-40-A by the agencies or persons referred to in Section 53, who shall prove their identity and bonafides through ocumentary evidence before such an authority.
(2 )Every application made under sub-rule(1) shall be accompanied by the invoice/s in original depicting the amount for which the goods have been purchased as also the amount of tax paid in respect of such purchases.
(3) The Jurisdictional Assessing Authority on receipt of the application and the invoice/s shall verify the contents and on being satisfied that the claim is in order issue a refund voucher in Form VAT – 35.
(4) The agencies or persons seeking reimbursement shall proffer their claim before the concerned Jurisdictional Assessing Authority within 90 days of effecting the purchase.
(5) The concerned Jurisdictional Assessing Authority shall within 30 days of the receipt of the claim of reimbursement issue the refund to the claimant and if the claimant so desires the concerned Jurisdictional Assessing Authority shall issue the refund voucher in the name of the treasury which shall be nearest to where the claimant has its office/residence as the case may be .
(6) In case there is a delay on the part of the Department to grant the refund within the time prescribed , in sub- rule(5) the agencies and the persons referred to in Section 53 shall, on an application being made in this behalf to the concerned Jurisdictional Assessing Authority be entitled to in addition tothe refund, a simple interest @ 18% p.a. from the date the efund becomes due to the date the refund is made.