Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2016 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 146 - HC - VAT and Sales TaxRefund claim of excess tax paid - TNGST Act, 1959 - Held that: - in the absence of any record to show that the Appeal has been preferred by the Revenue as against the order passed in Tax Case Revisions, the Court is inclined to accept the submission of the learned counsel for the petitioner that there is no Appeal preferred. The Assessing Officer given a letter, dated 26.04.2016, discharging two bank guarantees, which were furnished by the petitioner, for a sum of ₹ 70,08,501/- and ₹ 1,44,59 676/-. The said letters have been addressed to the Branch Manager, Royal Bank of Scotland, New Delhi Branch, New Delhi, and the letter is termed as "Discharge Letter. In the said letter, the Assessing Officer confirmed to the Bank that they do not have any claims in respect of the aforesaid two bank guarantees, and requested that the said communication may be treated as Discharge Letter, for the purpose of the records of the Bank. Thus, if the Revenue thought fit to re-agitate the matter, obviously, the Assessing Officer would not have given such letters, discharging the bank guarantees. Direction given to the respondent to consider the petitioner's representations, dated 03.11.2015, 06.11.2015, 27.01.2016, 29.02.2016 and 05.04.2016, and effect refund of the admissible amount in accordance with law within a period of six weeks - petition dismissed - decided in favor of petitioner.
|