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2017 (4) TMI 1505 - AT - VAT and Sales TaxDeduction of TDS on the strength of original TDS Certificates - adjustment of demand raised under the CST Act against the amount of refund accrued under the GVAT Act with circumferential effect on the calculation of interest - impounding u/s 9(2) of the CST Act - removal of interest since the demand is required to be recovered from the refund accrued under the GVAT Act - HELD THAT:- The appellant has collected excess tax to the tune of ₹ 1,81,49,641/- contravening the provisions of the Central Sales Tax Act, 1956, however, since, unlike the GVAT Act, the CST Act does not provide for forfeiture of such excess tax, the order of the first appellate authority, confirming the forfeiture of tax by the assessing authority, is required to be set aside. We also allow the appellant’s plea under the GVAT Act for rectification of TDS amount of ₹ 22,287/- in absence of any adverse evidence produced by the department. Second Appeal are hereby allowed. Appellant’s plea for grant of credit of TDS amount of ₹ 22,287/- is allowed in the absence of any adverse evidence produced by the department - The impugned order of the first appellate authority confirming the forfeiture of excess collection of tax under the CST Act contested is also set aside.
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