Ammendments in mvat rc

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This query is : Resolved

vishwas (Querist)

08 May 2012 A partnership firm with same partners and at same address have got ammended its new firm name with different pan, registered with same MVAT TIN. The ammendment was made by Sales Tax Department after due deligence but now the Sales Tax Depratment is denying the ammendment of RC with same TIN by with two firm names. please advise me how to appeal with the Sales Tax Department for their commmited ammendments.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)

10 May 2012 Mr Vishwas,
The sales tax department is correct in not allowing two firm names at a time.The firm has to omit the old name and go by the new name only,for both VAT and IT Act dealings....MJK

Prakash Kochar

Prakash Kochar (Expert)

18 May 2012 If profit & loss sharing ratio and constitution of both firms is similar, then it will be additional business. Under Indian Partnership Act and Income Tax Act both the firms are one and same.PAN No procured for 2nd firm is not proper.
Subsequent PAN obtained is mistake of law and apply for cancellation and intimate to I T dept. Submit ack. Submit copy of application made to IT Dept with sales tax Dept. Under the facts The mistake of law may be consider for rectification and amendment by sales Tax.

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