chitragya (n/a) 02 February 2009
I found this interesting thread of discussions in one of the sister sites. hope this helps answer you question. https://www.caclubindia.com/experts/experts_message_display.asp?group_id=85031
Anuj Kumar Goel (Service) 03 February 2009
You didnt mention the date of purchase. Vat is refundable if the goods are returned within six month of the date of purchase.
chitragya (n/a) 04 February 2009
Dear Mr. Goel,
I have purchased on 27.01.09 & installed on 28.01.09 but there was a leaking problem with the machine which I have returned the same to the distributor. But asking for full money he told me that you have to bear the VAT which is Rs.1000/- & rertunred the amount of Rs.8000/- out of Rs.9000/-.
Pls advise what I can do. Help plssssssssssssssssssss......
Regards,
Gyan
Anuj Kumar Goel (Service) 04 February 2009
If there is any defect in the product , the company can take it as a goods return in their books and since the purchase date is not more than 6 months the tax entry could be reversed and claimed back by the company . I do not find any problem in refunding the whole amount including tax. You can put pressure on the executive by forwarding the matter of refund of full amount with the companys account manager or other senior official. Tax laws permit the refund of full amount including tax if goods are returned within 6 month of the date of purchase.
A V Vishal (Advocate) 04 February 2009
You have another option I suggest you file a case against the dealer in a Consumer Forum for selling a defective piece and further you can insist on replacement of the same and in case he refuses you can claim damages too
Anuj Kumar Goel (Service) 04 February 2009
I agree with Mr.A V Vishal view. But such litigation will take long time to settle and costs. It is upto you to decide which way to go. In my opinion settle the issue by showing the tax law . Even if the company do not refund the amount then it is wise to file a complaint in consumer forum.