2018 (10) TMI 1318

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....earned counsel for the petitioner contends that during the assessment year 2004-05, he paid Rs. 1,06,352/- as entry tax which was mistakenly credited by the respondent to the previous assessment year of the petitioner TNGST 2003-04 and the respondent in his final assessment order in proceedings TNGST 5721409/03-04, dated 26.05.2009, has refunded the said amount through Form ''C''. In Form ''C'' Notice, the respondent has clearly mentioned the following certificates:- ''After crediting the total amount of payment already made by you for that year, there is an excess amount as mentioned below:- Tax Rs. 1,05,952-00 Surcharge Rs. 460-00 Resale Tax -- The excess amount refundable to you will....

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....s arrears of tax under CST Act for the assessment year 2004-05, but the respondent has mistakenly refunded Rs. 1,06,358/- to the petitioner vide Form ''C'' notice assessment TNFST 5721409/03-04 dated 26.05.2009 as the credit did not relate to the assessment year 2003-04. 5.According to the learned counsel for the petitioner, the respondent ought to have adjusted the excess amount of the refund of Rs. 1,06,358/- to the due of CST assessment for the year 2004-05 regularly, but, instead, the respondent had permitted the petitioner to adjust the excess amount of refund of Rs. 1,05,952/- to its sister concern and thereby proposing balance of tax and penalty to the petitioner for the assessment under CST Act 2004-05 and such ac....