https://www.taxtmi.com/caselaws?id=391853 Excess tax collected at inspection could not be retained once no assessment order had been passed for the relevant year and the statutory assessment period had expired. Under the Gujarat Value Added Tax Act, refund of excess payment remains subject only to lawful adjustment against existing dues, and a contemplated assessment does not justify continued withholding. Section 34(8A) also could not support retention where no notice was issued and no recorded satisfaction of tax evasion or incorrect disclosure existed. In the absence of a subsisting demand or legally sustainable proceeding, the refundable balance had to be released with interest. en-us Wed, 22 Jan 2020 00:00:00 +0530 Mon, 07 Sep 2020 12:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=391853 Excess tax collected at inspection could not be retained once no assessment order had been passed for the relevant year and the statutory assessment period had expired. Under the Gujarat Value Added Tax Act, refund of excess payment remains subject only to lawful adjustment against existing dues, and a contemplated assessment does not justify continued withholding. Section 34(8A) also could not support retention where no notice was issued and no recorded satisfaction of tax evasion or incorrect disclosure existed. In the absence of a subsisting demand or legally sustainable proceeding, the refundable balance had to be released with interest. Case-Laws VAT and Sales Tax Wed, 22 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=391853