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2013 (8) TMI 340 - KERALA HIGH COURTCarry forward of excess tax - Petitioner paid amount in excess of tax liability - Authority denied carrying forward of tax - Held that:- petitioner has effected much payment well in advance, resulting in excess input tax credit and the amount is lying at the hands of the Government/department, who was virtually generating funds, making use of the same - respondents have adjusted the excess payments against the subsequent liablity in respect of the subsequent assessment years, while the amount of the petitioner was lying at the hands of the Government, without having the same refunded - There appears no rationale on the part of the respondents in claiming interest and penalty with regard to the payment to be effected by the petitioner in respect of the subsequent assessment years - concerned respondent is directed to reconsider the matter, especially with regard to the objection to be placed by the petitioner and also on the other points, if raised, which are not covered in this writ petition but form the subject matter - Decided in favour of Assessee.
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