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2020 (3) TMI 996 - HC - VAT and Sales TaxRefund of differential tax - Input tax credit - rate of tax on LNG - situation post GST regime - It is the case of the petitioners that prior to coming into force of Goods and Service Tax regime in India, LNG was taxable under the Act 2003 at the rate of 15%, the IOCL-respondent No.3 charged tax at the rate of 15% on sales of LNG to the petitioners. The petitioners under the VAT Act were entitled to claim input tax credit of the tax so charged by the IOCL after reduction at the rate of 4% under Section 11(3) (b)(iii) of the Act 2003. HELD THAT:- The petitioners are entitled to get refund of amount of tax paid by it at the rate of 9% when the respondent No.3 has collected the tax at the rate of 15% instead of 6% as per remission order dated 05.09.2017 from the respondent-State. The petitions succeeds and are accordingly allowed - the respondents are directed to process refund claim of the petitioners for refund of the 9% tax amount collected from the petitioners and deposited by the respondent No.3 IOCL within a period of three months from the date of receipt of copy of the writ of this judgment.
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