Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2023 (12) TMI 742

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... an extent of a sum of Rs.2,06,22,234/- along with interest in terms of Section 42(5) of the Tamil Nadu Value Added Tax Act, 2006 (hereinafter referred to as the 'Act') as per the assessment and refund order in CST No.50806/2013-14 dated 22.09.2022 and to quash the impugned notice dated 24.01.2023, issued by the 1st respondent. 2. Mr. Joseph Prabakar, learned counsel for the petitioner wou .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ect is found by the Officer, the same can only be carried out by way of re-assessment order or revision order. Therefore, he would contend that in spite of refunding the excess amount in terms of the order dated 22.09.2022, the refund Officer had issued the said impugned notice dated 24.01.2023 beyond his jurisdiction. Hence, the present writ petition has been filed. 4. Ms. Amirta Poonkudi Dinaka .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... before the 1st respondent. At this juncture, the respondent had once again issued a notice to the petitioner and called for the particulars, as if, he is going to revise his own order. 7. As far as the 1st respondent is concerned, he has already assessed the excess tax amount and passed the refund order dated 22.09.2022. Having passed the same, the 1st respondent cannot issue the impugned notice .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to direct the 1st and the 2nd respondent to refund the excess tax amount lying with the department to an extent of a sum of Rs.2,06,22,234/- along with interest as per the refund order in CST No.50806/2013-14 dated 22.09.2022. The said exercise is directed to be completed on or before 05.12.2023. 12. Post this matter on 08.12.2023 under the caption 'for reporting compliance'. In the event .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates