Court accepted an affidavit from the Revenue officer confirming that a tax overdemand was rectified and the excess amount was refunded to the petitioner account, thereby disposing of the writ application without further steps.
The writ application stands disposed of; no further steps required regarding the earlier order.
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W.P.(C) No.6763 of 2016
05. 17.08.2016 An affidavit has come to be filed by opposite party No
.3-Deputy Commissioner of Sales Tax , Sambalpur-II Circle, Sambalpur, inter alia, stating as f
ollows:
11. That on coming to know of such excess collection of tax, which has been ma
de, the petitioner on 11.07.2016 issued corrigendum order under Section 20 of the OET Act by r
ectifying the demand raised in the original assessment order. The total demand now stands at R
s.1,05,723/-. Copy of corrigendum order dated 11.07.2016 is made Annexure-A/3.
12. That this deponent has communicated copy of the said corrigendum order to
the petitioner which has been duly served. On 20.07.2016 the Treasury Officer was issued with
refund vouche3r of Rs.1,70,031/- (i.e. the amount which has been collected in excess) and on 2
1.07.2016 the concerned bank has confirmed restoration of said amount to the account of the pe
titioner.
Copy of the said affidavit is served on the learned counsel for the petitioner
.
The petitioner, in turn, has filed an affidavit confirming the averments made
by the Deputy Commissioner of Sales Tax.
In view of the above, the affidavit filed by opposite party No.3 is accepted a
nd he is directed to ensure that such mistake is not occurred in future.
In view of the affidavit filed by opposite party No.3, no further step with re
gard to the earlier order dated 12.07.2016 need be undertaken.
The writ application stands disposed of.
Personal appearance of the Deputy Commissioner of Sales Tax is dispensed with.
Free copy of this order be handed over to the learned counsel for the Revenue
for necessary communication.
Urgent certified copy of this order be granted on proper application.
I. Mahant
y,J.
........
Biswajit Mohan
ty,J.
2
Petitioner
Deputy Commissioner of Sales Tax
Mahanty, J.
Biswajit Mohanty, J.
As recorded by the court registry
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