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: TAX RATES - GOODS TAXABLE @ 4% :: form 3cd :: list of goods taxed at 4% :: TDS :: ACCOUNTING STANDARD :: due date for vat payment :: empanelment :: Central Excise rule to resale the machines to a new company :: VAT RATES :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARDS :: VAT Audit :: cpt :: articles on VAT and GST in India :: ARTICLES ON INPUT TAX CREDIT IN VAT
 
 
« News Headlines »
 How to save income tax? Here are 6 investments with tax free income
 10 Top salary deductions that can save tax for you
 What are the tax saving options beyond Section 80C?
 The penalties for not paying tax on time
 How to make your salary tax efficient
 I-T Department may go into overdrive this quarter
 Ways to reduce the TDS deduction from your salary
 4 Tips for choosing who prepares your 2017 Tax Returns
 Processing of income-tax returns under section 143(1) of the Income-tax Act which were filed in Forms ITR-1 to 6 & applicability of section 143(1)(a)(vi)
 Price Waterhouse gets 2-year ban in Satyam case
 How to save income tax under section 80C

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 2018 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