Section 38(1) in Telangana Value Added Tax Act, 2005
(1)(a)A VAT dealer effecting sales falling under subsection (1) or (3) of section 5 [***] [Deleted by Act No.28 of 2008.] of Central Sales Tax Act, 1956 in any tax period shall be eligible for refund of tax, if the input tax credit exceeds the amount of tax payable, subject to the condition that the exports have been made outside the territory of India. The excess of tax shall be refunded within a period of ninety days on a claim made on a VAT return prescribed to the authority prescribed subject to the provisions of the Act and the rules made thereunder;(b)in all other cases, the VAT dealer may make a claim for refund of any excess credit available at the end of second year after the commencement of the Act and thereafter in the return to be filed for the month of March every year if registered as a VAT dealer for a minimum period of twelve months or in the event of cancellation of registration. The excess of input tax credit claimed as refund shall be refunded within ninety days of the date of receipt of the claim;(c)the claim for refund under this section shall be made on the VAT return in the form prescribed;(d)a VAT dealer, who has paid tax in excess of the amount due for a tax period, may claim a credit in the next tax return.
