Rohit Arora (IPCC, b.com(h)) (190 Points)
04 June 2011HELLO, any one give correct ans. i realy appreciate youoooooo
if sales tax had been deposited with respect to an item on which, there was no levy,the depositor/assessee is-
(a) not entitled to refund from the govt.
(b) entitled to refund from govt.
(c) entitled to charge the same from customer.
(d) entitled to refund from the court.
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 04 June 2011
IN MY OPINION IT SHOULD NOT ENTITLED TO REFUND BECAUSE YOU HAVE ALREADY CHARGED IT FROM CUSTOMER WHILE ISSUING THE BILL
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 04 June 2011
Not entitled to Refund.
Rohit Arora
(IPCC, b.com(h))
(190 Points)
Replied 04 June 2011
no i think there is no information regarding issuing a bill nd charged from the customer nd we can't assume these.i have a answer but i m confused
ans is (b)
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 04 June 2011
Why will govt refund u for ur mistak on whic u actually dont need to do n whn govt itself has no power to levy.
Rohit Arora
(IPCC, b.com(h))
(190 Points)
Replied 04 June 2011
i will reply soon nd discused after geting explanation regading ques but ans is TRUE
mounika
(semi qualified chartered accountant)
(981 Points)
Replied 04 June 2011
i think ans is no refund . becoz misappopriation of law is of no excuse. assuming is somethink which is nt actually present and paying tax according to such assumption, such amount can not be refunded. it may be adjusted to next payment
Rajnikant Vadigoppula
(CA, CS And CMA Final)
(919 Points)
Replied 04 June 2011
I AGREE WITH TUSHAR AND MOUNIKA
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 04 June 2011
here no assumption is taken for tax charged from customer. you have deposited the amount of tax to government after charging tax from customer
Rohit Arora
(IPCC, b.com(h))
(190 Points)
Replied 06 June 2011
it just as paying an income tax....
as we paid an income tax to govt nd after paying the tax to govt. disclosed that there are some saving in the banks. so we entitled to refund the part of income tax which is not actually exist..
and one more thing it is exceptional case.............otherwise all are right.
CAclubindia
