Sales Tax Order
Dear Sirs,
We have a query pertaining to Sales Tax dept, Govt of Maharastra at Mumbai. The background is as follows.
1. Sales Tax dept were unable to recover sales tax dues from our vendors and wanted to recover that amount from us under Section u/s35(1) since we had availed set-off against those vendor bills.
2. Sales Tax authorities also froze our Bank accounts and informed our customers not to release any payments due to us. This situation continued for 75 days and we were compelled to pay our vendor’s sales tax dues since our business was suffering. We thus paid the amount under protest and requested the Sales tax to issue an order. On receipt of this order we planned to appeal against the order and fight our case legally in court.
3. Sales Tax authorities have not issued any order for over 6 months and we can’t now file an appeal in the absence of this order.
4. We want to know the period within which the Sales Tax authorities need to issue an order after receipt of payment which has been made under protest.
5. For this we want to file RTI for this question
“ Sales Tax dept were unable to recover sales tax dues from manufacturer’s vendors and wanted to recover that amount from manufacturer under Section u/s35(1) of the Maharastra Value added Tax 2002 since set-off was availed against the vendor bills. Reluctantly the manufacturer paid the amount under protest and requested for Order to be issued to them by the Sales Tax dept. The order is not yet been received even though 6 months have transpired. What is the period within which Sales Tax Department, Mumbai, Govt of Maharastra need to issue an order under section u/s 35 of the Maharastra Value added Tax 2002 to the manufacturer who has made the payment under protest”
6. We would like you to advise us how this information can be obtained If application is made thru the RTI route
Regards
Avinash Karmarkar
Mumbai
How did you pay without a written order by the Sales tax dept? Did you pay on the basis of a verbal order? pl let me know
You have to give more details of the case indicating your position whether u r a manufacturer or seller or purchaser,etc. You may also attempt to draft an RTI application so that we can read what is there in ur mind.