Case Law Details
TML Business Services Limited Vs Deputy Commissioner of State Tax (Bombay High Court)
Facts- Petitioner statedly is a limited company engaged in procuring vehicles from Tata Motors Limited (“TML”) and selling them to dealers within and outside the State of Maharashtra.
Pursuant to an assessment u/s. 23 of the Maharashtra Value Added Tax Act, 2002 for F.Y. 2010-2011, AO passed an Assessment Order raising a demand of Rs. 17,76,93,422 including tax and interest. Aggrieved by the same, the Petitioner filed an appeal which resulted in a reduced demand of Rs. 14,00,74,890.
For F.Y. 2011-2012 an assessment order dated 21 August 2017 was passed raising a demand of Rs. 9,67,02,366/- including tax and interest. A first appeal was filed by the Petitioner against this order which resulted in an order for refund of Rs.10,69,89,606/- on 28 February 2019. It is the Petitioner’s case that the said order was received on 5 April 2019.
Being desirous of availing benefit of the Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Ordinance, 2019 (the “Amnesty Scheme”) for settlement of its dues with respect to the year 2010-2011, the Petitioner withdrew the intimation made in Form-314 on 12 April 2019, informing Respondent No.1 of the same and also requested Respondent No. 1 to keep the refund of Rs. 10,69,89,606/- for the year 2011-2012 on hold.
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