08 October 2007
A supplier received central sales tax declaration form "C" from his customer after nearly six years. The reason for delay in issuing the form was due to suspension of factory activities on account of labour problems. During this period the supplier had completed his sales tax assessment by paying the difference tax for non-recipt of "C" form. Now that the form has been received, is there any way for refund or for adjustment of the difference tax paid? Is there any time limit? If so what is the maximum time allowed? I request our valued experts and esteemed club members to advise. - Vishvesh
12 October 2007
Normally two years from the end of the assessment year is the maximum period allowed for reopening.
However the aggreived assessee can file REvision Petition with the concernd jurisdictional Deputy Commissioner/Commissioner of Commercial Taxes to consider the reopening and the refund of the differential tax paid by the assessee.