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Discussion > VAT > Mahavat >

Whether CST Return to file ? if OMS Sale of Retailer is NIL

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MANAGER


[ Scorecard : 160]
Posted On 19 January 2011 at 19:14 Report Abuse

Our Retailer  has MVAT  and CST Registration. The Retailer has OMS Purchase against C-Form.

The Sales are purely  within Maharashtra.  OMS Sales are=NIL.

We have been filing MVAT Quarterly Return regularly. But we did not file CST Return due to NIL  OMS Sales.

However, our MVAT Auditor insist that since we are holding CST Registration and having OMS Purchase against C-Form, we have to file NIL CST Return.

Also, he says that in MVAT Audit Report = Form 704, Schedule VI= relating Computation of tax laibility under CST  is applicable and to be filled.

 

Dear Experts, kindly give adivce.

 


 


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Jinesh Shah
freelancing, industry


[ Scorecard : 105]
Posted On 19 January 2011 at 19:43

Yes. the position taken by your VAT Auditor is absolutely correct. Since you have a CST registration no. you should be submitting the E-CST returns even if your OMS sales are NIL.





jinita
Learner


[ Scorecard : 98]
Posted On 19 January 2011 at 22:28

IT IS NOT COMPULSORY UNDER MVAT ACT BUT YOU MAY FILE AS PREVENTION IS BETTER THAN CURE.


 




Aliasger Abbas Ali
Practice


[ Scorecard : 22]
Posted On 29 April 2011 at 11:19

In the Trade Circular No 52T of 2007 dated 31-7-2007, it had been clarified that where there are no inter state sales in any return period, no return is required to be filed under the CST Act, 1956, provided the return filed under the MVAT Act, 2002 for the same period shows NIL turnover of inter state sales.

When a dealer has OMS purchase against Form C. Then in case of non-submission of Form C, Seller will face the sale tax liab and subsequent he may raise that liab from OMS purchaser. In eye of law  When OMS purchaser file the return never mention the CST turn-over even incase of default ,

hence in my opinion OMs purchaser is not required to file Return.




SANDEEP R. WAWHAL
B.Com, ,C.A. Final


[ Scorecard : 1434]
Posted On 30 April 2011 at 14:15

Yes. If you have obtain CST Registration No. then you have to file CST return whatever it "NIL"or not.




S L DESHPANDE
prop


[ Scorecard : 21]
Posted On 02 January 2012 at 14:33

Originally posted by : Sanjay Agarwal


Our Retailer  has MVAT  and CST Registration. The Retailer has OMS Purchase against C-Form.

The Sales are purely  within Maharashtra.  OMS Sales are=NIL.

We have been filing MVAT Quarterly Return regularly. But we did not file CST Return due to NIL  OMS Sales.

However, our MVAT Auditor insist that since we are holding CST Registration and having OMS Purchase against C-Form, we have to file NIL CST Return.

Also, he says that in MVAT Audit Report = Form 704, Schedule VI= relating Computation of tax laibility under CST  is applicable and to be filled.

 

Dear Experts, kindly give adivce.

dear sir i have already received penalty of rs 10000  for same case

not to file cst returns...

how i can solve it

r n bhawar
 


 





PARTHA P CHATTOPADHYAY
EXPERT


[ Scorecard : 24]
Posted On 29 June 2012 at 11:14

Yes. If you have obtain CST Registration No. then you have to file CST return whatever it "NIL"or not.

 



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