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Refunds.Rule 34

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..... eferred to in sub-section (2) of this section shall be at the election of the dealer, either - 2 [ (a) refunded to the person, - (i) within one month after the date on which the return was furnished or claim for the refund was made, if the tax period for the person claiming refund is one month; (ii) within two months after the date on which the return was furnished or claim for the refund was made, if the tax period for the person claiming refund is a quarter; or ] (b) carried forward to the next tax period as a tax credit in that period. (4) Where the Commissioner has issued a notice to the person under section 58 of this Act advising him that an audit, investig .....

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..... he dealer is seeking the refund of this amount or to apply this amount under clause (b) of sub-section (3) of this section; no amount shall be refunded to the dealer or may be applied by the dealer under clause (b) of sub-section (3) of this section unless the Commissioner is satisfied that the dealer has refunded the amount to the purchaser. (9) Where - (a) a registered dealer has sold goods to another registered dealer; and (b) the price charged for the goods expressly includes an amount of tax payable under this Act, the amount may be refunded to the seller or may be applied by the seller under clause (b) of sub-section (3) of this section and the Commissioner may reassess the buyer to deny the .....

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..... ct, 2005; Notification No. F.14(6)/LA-2005/112, dated 28.03.2005, w.e.f. 01.04.2005. 6. Substituted vide DVAT (Second Amendment) Act, 2005; Notification No.F.14(29)/LA/2005/333, Dated 16.11.2005 ., w.e.f. 16.11.2005, before it was read as:- (7) For calculating the period of one month under clause (a) of sub-section (3), the time taken to furnish the security under sub-section (5) to the satisfaction of the Commissioner shall be excluded . 7. Substituted vide Notification No.F.14(6)/LA-2012/cons2law/61, Dated 15.06.2012 , w.e.f. 18.06.2012. before it was read as:- (c) furnish returns under section 26 and section 27 shall be excluded. 8. Re-numbered from sub-section (6) to (8) vide DVAT (Amendment) Act, 2005; Notificati .....

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