Case Law Details
Lakra Oil Co Vs Commissioner of Trade & Taxes (Delhi High Court)
Delhi High Court held that revised return as well as chartered accountant’s certificate supports the typographical error. Accordingly, OHA directed to determine correct turnover and tax liability thereon.
Facts- The appellant is an authorised dealer of Bharat Petroleum Corporation Limited, a public sector undertaking, inter alia, engaged in marketing of petroleum products. The appellant is engaged in re-sale of petroleum products and lubricants.
A notice for default assessment dated 02.09.2005 was issued by the Value Added Tax Officer (‘the VATO’) calling upon the petitioner to pay an amount of ₹36,24,167/-, which included tax for the period of 01.05.2005 to 31.05.2005 amounting to ₹35,35,773/- and an interest of ₹88,394/-.
It is the appellant’s case that a liability of ₹15,62,500/- had been incorrectly raised by considering the sales turnover as ₹1,38,82,000/-. According to the appellant, there was an apparent error in reflecting the sales turnover as ₹1,38,82,000/- as the actual turnover for the relevant period amounted to ₹13,82,000/-. The appellant claims that it had also produced material to establish the same.
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