We are manufacturing & selling a tax free goods, but due to non clarification of Sale Tax Department we are depositing CST Tax against C Form. Now department had clarified that our product is tax free and we stopped charging CST tax. During the last year we had deposited full tax against C form. Can we have to also submit C forms for previous Year Assessment? When our product is tax free, Can we claim refund of Previous year Tax? If yes, than please provide me any case judgement decision. My email ID is ashishvishnoi@sify.com
26 January 2009
As per the sales tax act you should not charge more than what is collectiable under law. If you have collected then it becomes the government money and therefore it has to be deposited to the government account. You cannot claim from department because now. But in future you can charge zero tax.
26 January 2009
Upto the extent what law states the opinion given by CA B Srinivasulu is correct, but within the frame of law taking interpretation to our favour there is a way of claiming the tax paid back
It being a detailed procedure, incase you are interested you can call me & I will explain it to you / your accountant
CAclubindia
