2010 (7) TMI 945

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....-receipt of refund of Rs. 7,86,330 arising out of the assessment made by the Sales Tax Officer, Park Street Charge (respondent No. 1) in respect of the period fourth quarter ending on March 31, 2007. Shri A.K. Dugar, learned advocate appearing on behalf of the petitioner, submits that in the demand notice in form 27 issued under memo No. 1908 dated June 26,2009 it was shown that a total amount of Rs. 7,86,330 had been shown as excess payment made by the petitioner for the assessment period four quarters ending on March 31, 2007. However, in the assessment order a contrary position was shown. In the assessment order passed by respondent No. 1 an amount of Rs. 7,36,524.13 was shown as payable by the petitioner. Shri Dugar, learned advocate....

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....fund adjustment order by the assessee. If it is found that any amount is due from the assessee in respect of the earlier period the assessing authority has been empowered to make adjustment of the outstanding dues against the excess amount arising out of the assessment. Balance amount, if any, after adjustment should be refunded. However, such adjustment should be specified in the refund adjustment order. If the amount of refund exceeds Rs. 20,000 the appropriate authority shall obtain prior approval of the Senior Joint Commissioner concerned who shall make his observation with 15 days from the date of receipt of the proposal. Proviso to sub-rule (5) of rule 59 of the VAT Rules provides that "where a dealer makes an application any time but....