2015 (3) TMI 556

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....re before this Court, complaining about non assessment of its Value Added Tax for the period from 01.04.2007 to 31.03.2008. 3. The petitioners claim benefit of provisions governing set off contained in Section 48(6) of the Maharashtra Value Added Tax Act, 2002 (hereinafter referred to as 2002 Act). In nutshell the submission is, in returns filed for said period, the petitioners have asked for refund which is approximately same as that of quantum of tax assessed for the next year i.e. for the period from 01.04.2008 to 31.03.2009. The grievance is, as assessment for the period from 01.04.2007 till 31.03.2008 is not being finalized, the exact amount to be returned to the petitioners has still not been crystallized and, therefore, cannot be ....

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.... Oil Industries, Kolhapur vs. The State of Maharashtra & Ors.), is pressed into service to show that in similar situation, there the learned Advocate General and State Government agreed to allow refund even in the absence of express prayer therefor. The contention is, deliberately assessment for the year 2007-08 is not being finalized. 6. The learned Government Pleader submitted that the respondents should be given time to finalize assessment for the year 2007-08. She also attempted to rely upon a Trade circular to urge that after assessment, if any amount is found refundable, the petitioners must apply for refund and after such application only, the amount can either be refunded or allowed to be set off by adjusting it against the subse....