VIJETA CONSTRUCTION LTD, COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 THROUGH ITS AUTHORIZED REPRESENTATIVE KUMAR SAURAV S/O VINOD KUMAR MISHRA Vs. STATE OF BIHAR THROUGH THE COMMISSIONER OF COMMERCIAL TAXES; JOINT COMMISSIONER OF COMMERCIAL TAXES (ADMN), GAYA DIVISION; DEPUTY COMMISSIONER OF COMMERCIAL TAXES, TREASURY OFFICER

JUDGEMENT

(1.) By Annexure-4, the Deputy Commissioner of Commercial Taxes, Respondent No. 3, directed the petitioner to deposit Rs. 41,81,979.87 as the amount of tax for the Assessment Years 1999-2000 to 2003-2004. It is the case of the petitioner that the amount paid by it and the deducted advance tax were not taken into account while making assessment of the tax for the assessment years in question. He, therefore, filed a petition before the Respondent No. 3, which is annexed as Annexure-3 to this writ petition, praying therein for adjustment of T.D.S. with the assessed tax.

(2.) It is submitted by the learned Counsel for the respondents that T.D.S. certificate was not produced before the concerned authority for the Assessment Years in question.

(3.) In the above circumstances, if the petitioner produces evidence of T.D.S. and shows that it had already paid tax during those years, then it is expected of the respondent authority that the same should be adjusted and only the balance amount should be recovered out of the assessment amount.