claiming of sales tax in VAT scheme

This query is : Resolved

jalpa parekh (Querist)
Follow

16 August 2009 Hi!all.
I want to know in following situation whether Claim is admissible under state VAT act.
1. Asseessee has sold goods under state sales tax act in the F.Y. 2004-05 and deposited sales tax of the same in account of Govt.(Punjab Govt.)Afterwards in F.Y. 2005-06 its sales got returned which is the year of introduction of VAT in Punjab.Assessee NOW IN 2005-06 claimed back sales tax in the system of VAT. Now E.T.O. claimed that tax paid in the scheme of sales tax could not be claimed in VAT scheme.
2. As per my opinion if assessee have paid tax in any scheme he must be eligible to claim it back.

plz suggest me true treatment.

Sanjeev Kumar

Sanjeev Kumar (Expert)
Follow

08 September 2009 assessee can claim the goods return if said return within prescribed time. further, if ETO not allowing said return in 2005-06 then the assessee should revised that return for goods return pertains.