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2015 (10) TMI 972

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..... ana with Dr. Laxmi Narayan Kharian, DETC and Ms. Santosh Chaudhry, ETO, Hissar. JUDGMENT In this petition filed under Article 226 of the Constitution of India, the petitioner prays for quashing the rectification order dated 6.11.2013, Annexure P.12. Direction has also been sought to the respondents to issue refund of Rs. 23,50,246/- due as per the assessment order dated 29.3.2013, Annexure P.3 a .....

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..... r 2009-10, the assessing authority verified the payment of TDS made by the contractor and contractees from Deputy Excise and Taxation Commissioner, Gurgaon (East) (DETC) vide letter dated 4.2.2013, Annexure P.2. The assessing authority finalised the assessment and the petitioner was found entitled to refund of Rs. 23,50,246/-. Vide order dated 29.3.2013, Annexure P.3, the assessing authority recor .....

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..... tion under section 19 of the Haryana VAT Act could only be of clerical and arithmetic mistakes. In the meantime, the ETO wrote another letter dated 30.8.2013, Annexure P.8 for verification of TDS deposited by DSC. The Gurgaon authority replied that the TDS had been adjusted towards voluntary payment of DSC. Thereafter, revised notice of rectification dated 17.9.2013, Annexure P.10 was issued by th .....

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..... given to the deductors. The order created a demand of Rs. 31,50,428/- including interest of Rs. 14,52,204/-. Hence the instant petition by the petitioner. 3. We have heard learned counsel for the parties and perused the record. 4. In pursuance to the order dated May 12, 2014 passed by this Court, Dr. Laxmi Narayan Kharian, DETC and Ms. Santosh Chaudhary, ETO Hissar, have come present. Learned c .....

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