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2019 (7) TMI 1830 - HC - VAT and Sales TaxRefund of Input Tax Credit - Zero rated sales - refund rejected on the ground that Form-W was filed beyond the statutory period of 180 days - whether the prescription of 180 days is to be mandatorily applied or is only directory? - HELD THAT:- The comprehensive monthly returns filed by the petitioner admittedly contains inter alia, all particulars in relation to the zero rated transactions. The format of monthly returns in Form-I contains Annexure-4 wherein the petitioner has to set out details of the transaction of zero rated sales. This will be available on monthly basis before the Assessing Authority and as such, the requirement to file Form-W is only to be for the convenience of the authority to receive the particulars of the claim by way of a consolidated statement. The decision in the case of SARA LEATHERS VERSUS COMMERCIAL TAX OFFICER, TAMBARAM I ASSESSMENT CIRCLE, CHENNAI [2009 (10) TMI 848 - MADRAS HIGH COURT] where the Court considered the disallowance of the claim of the petitioner for refund of tax paid by it at 12.5 % as against 4.5% chargeable notwithstanding there was a dispute raised in the assessment thereof. The Court held that such dispute would not stand in the way of the refund sought. The petitioner is permitted to seek refund/adjustment of the amount of credit which shall be considered by the Assessing Authority after hearing it within a period of two weeks from date of receipt of such request - petition allowed - decided in favor of petitioner.
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