Case Law Details
Anvil Cables Pvt. Ltd. Vs State of Jharkhand (Jharkhand High Court)
Jharkhand High Court held that denying migration of unadjusted TDS amount under JVAT Act (Jharkhand Value Added Tax Act) to JGST (Jharkhand Goods and Services Tax Act, 2017) is not sustainable in the eye of law.
It was observed that the department cannot deny the migration of Tax Deduction Source (TDS) under section 44 of the Jharkhand Value Added Tax Act (JVAT).
Facts- The petitioner is engaged in the manufacturing and selling of aluminum cable and conductor, having its manufacturing unit at Jamshedpur. Petitioner is one of the main dealers of the Jharkhand Bijli Vitran Nigam Limited (for short JBVNL). The JBVNL while releasing the payment of the petitioner used to deduct tax under section 45 of the JVAT Act by way of advance recovery.
On 26.09.2017 petitioner filed its quarterly return for the period 01.04.2017 to 30.06.20 17. As per column 57 of the aforesaid return the total TDSfor the aforesaid period was Rs.2,59,26,991/-. After being adjusted from the VAT payable during the period and other adjustment the balance amounting to Rs.1,24,68,378.36/- was auto populated in column 61 of the Return being “Excess Input Tax Credit to be C/F to next period”.
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