Excess entry tax credit must be examined for adjustment or refund before adverse action can be sustained.

Where prima facie excess entry tax credit is shown, the assessing authority must consider adjustment at the taxpayer's option under Section 11 of the Entry Tax Act and may refund any remaining balance. The court found that the account statements and representation supported excess tax availability, while the contrary view was not based on a proper examination of the books. The impugned proceedings, including attachment of the bank account, were set aside and the matter was remanded for fresh assessment after giving the taxpayer an opportunity to produce the accounts.

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Issues: Whether the petitioner was entitled to adjustment and refund of excess entry tax, and whether the impugned order attaching the bank account could be sustained.

Analysis: The available account statements and the petitioner's representation showed a prima facie excess entry tax credit. Section 11 of the Entry Tax Act permits adjustment of excess tax at the option of the taxpayer and also contemplates refund of any balance. The authority's assertion that no excess tax was available was found not to be supported by a proper examination of the accounts, and the matter required fresh consideration with an opportunity to place the books of account.

Conclusion: The petitioner's contention was accepted, the impugned proceedings were set aside, and the matter was remanded for fresh assessment after considering the excess entry tax available.

Ratio Decidendi: Where excess entry tax is prima facie shown to be available, the assessing authority must consider adjustment under Section 11 and cannot sustain a contrary order without proper examination of the accounts.

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