Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: Central Excise rule to resale the machines to a new company :: VAT Audit :: ACCOUNTING STANDARD :: TAX RATES - GOODS TAXABLE @ 4% :: list of goods taxed at 4% :: empanelment :: form 3cd :: VAT RATES :: due date for vat payment :: articles on VAT and GST in India :: ACCOUNTING STANDARDS :: ARTICLES ON INPUT TAX CREDIT IN VAT :: cpt :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: TDS
 
 
« News Headlines »
 Govt to simplify income tax laws, sets up task force under taxman Arbind Modi to study overhaul
 Infosys to configure GST network for filing returns
 Save income tax through mutual fund investment. All you need to know
 Income tax returns (ITR): On sale of property, here is what you should know
 Section 35 of the Income-tax Act?
 Notification regarding extension of last date w.r.t submission of closing stock by dealer.
 Integrated Goods and Services Tax (IGST) Rules, 2017 (As on 15.11.2017)
 Central Goods and Services Tax (CGST) Rules,2017 (As on 15.11.2017)
  101st Constitution Amendment Act, 2016
 Pr. Commissioner Of Income Tax-6 Vs. Mccain Foods India Pvt. Ltd.
 Section 10 of the Income-tax Act, 1961

Court orders refund of tax paid in excess
February, 23rd 2009

Evasion of sales tax by business houses tend to retard industrial progress and is a much decried practice but had not Mr Justice Soumitra Pal of Calcutta High Court passed an order to refund a substantial sum paid in excess as sales tax, the payer would still have been making the rounds at the sales tax office trying to get his due sifting the red tape and wondering at the quirks of babudom.

The action of the sales tax officer, NS Road charge and others cannot be supported and the appropriate assessing authority is directed refund Rs 1,65,172 which was paid in excess by M/s Banbury Impex (P) Ltd, Mr Justice Pal held. An interest of 8 per cent per annum to be calculated from 1 July, 2006, till the date of actual payment within a fortnight is to be paid, it was further held.

The petitioner, a company which is engaged in a business of importer cum reseller of DEPB licenses had paid this sum in excess. According to Rule 181(4) of West Bengal Sales Tax Rules postulates that the appropriate assessing authority shall serve a notice in Form 30 specifying the amount paid in excess.

A Refund Adjustment Order is to be enclosed in terms of section of the West Bengal Sales Tax Act, the court noted.
In this case, though assessment was made and such order communicated, no refund was granted to the petitioner.

Being aggrieved the petitioner by a letter on 8 October, 2006, had given representation in this matter which went unheeded and the provisions contained in Rule 181(4) have been ignored and no refund was granted, the court pointed out.

From 14 June, 2003 to 31 March, 2004, necessary returns were filed and the excess amount was deposited, it was submitted earlier.

The appropriate assessment authority is to pay any amount of tax, interest, penalty or interest paid in excess and the petitioner moved a writ petition seeking to get a refund, it was further submitted.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Our Portfolio

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions