2016 (1) TMI 141

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.... None JUDGMENT Ajay Kumar Mittal, J. 1. In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to refund the amount deducted by respondent No.5 and deposited with the Sales Tax Department. 2. The petitioner is engaged in the execution of works contract in the State ....

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....of the works contract. The petitioner is registered under the Rajasthan Value Added Tax Act, 2006 and also under the Central Sales Tax Act, 1956 having TIN No. 8322556375 and is filing statutory returns and discharging tax obligations. The petitioner is also registered with the Service Tax Department and is filing quarterly returns and discharging tax obligations. There was no service tax liabilit....

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....garding TDS. The petitioner approached the Sales Tax Department and filed written submissions dated 6.6.2013 (Annexure P-2). Respondent No.4 vide letter dated 3.3.2014 (Annexure P-3) informed the petitioner that inspite of several notices issued to respondent No.5, there is no response and, therefore, the application, Annexure P-2, is filed. The petitioner filed its submissions dated 10.6.2014 (An....

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....on with liberty to the petitioner to file a detailed and comprehensive reply raising all the pleas as raised in the present writ petition within a period of two weeks from the date of receipt of certified copy of this order before respondent No.3 who shall decide the same in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioner within a per....