https://www.taxtmi.com/caselaws?id=106185 Section 29 of the U.P. Trade Tax Act, 1948 permits adjustment of tax only after the assessing authority has adjudicated that an amount is refundable. A dealer cannot unilaterally treat earlier excess payments as refundable and set them off against later tax liability, because the statutory refund mechanism must be operated by the competent authority under the prescribed rules. Rules 89 and 90 of Chapter XV reinforce that refund and adjustment are authority-driven processes, not matters for self-help by the dealer. The view allowing unilateral adjustment was therefore erroneous. en-us Thu, 31 Jul 2008 00:00:00 +0530 Fri, 29 Aug 2014 17:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106185 Section 29 of the U.P. Trade Tax Act, 1948 permits adjustment of tax only after the assessing authority has adjudicated that an amount is refundable. A dealer cannot unilaterally treat earlier excess payments as refundable and set them off against later tax liability, because the statutory refund mechanism must be operated by the competent authority under the prescribed rules. Rules 89 and 90 of Chapter XV reinforce that refund and adjustment are authority-driven processes, not matters for self-help by the dealer. The view allowing unilateral adjustment was therefore erroneous. Case-Laws VAT and Sales Tax Thu, 31 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106185