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

2 Responses to Sales Tax Order

  1. Vinita Deshmukh - RTI Anonymous Team Member says:

    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

  2. RK - RTI Anonymous Team Member says:

    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.

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