C form

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C Tulasi Prasad (Querist)
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06 November 2015 I made of interstate sales on 2% against C form on 2010-11, till date he is not sending the C form is not available through phone or direct, now sales tax asking for differential amount i.e. 13.5% and till date penalty charges, how can i claim the charges with purchaser, shall i go legally

C Tulasi Prasad

C Tulasi Prasad (Querist)
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17 November 2015 please reply for my query

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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18 July 2024 If you made an interstate sale against a C form in 2010-11 and the purchaser has not provided the C form as required, causing the Sales Tax Department to demand payment of the differential tax rate (13.5% instead of 2%) and penalty charges, here are steps you can consider:

1. **Contact the Purchaser**: Try to reach out to the purchaser again via email, registered post, or any other official means to request the C form. Clearly explain the situation, including the implications of not receiving the C form on time.

2. **Legal Notice**: If communication with the purchaser fails and you believe they are intentionally withholding the C form, you can consider sending a legal notice through a lawyer. The legal notice should demand the immediate issuance of the C form and indicate your intention to take legal action if it is not provided within a specified timeframe.

3. **Legal Action**: If the purchaser still does not comply after receiving the legal notice, you can proceed with legal action. This typically involves filing a case in the appropriate court or tribunal. Your lawyer can guide you through the specifics of filing a case for recovery of dues and non-compliance with contractual obligations.

4. **Documentation**: Ensure you have all relevant documents in place, including copies of invoices, correspondence with the purchaser, proof of dispatch of goods, and any previous attempts to obtain the C form. These documents will be crucial in supporting your case in court or with the Sales Tax Department.

5. **Consult with a Tax Lawyer**: It's advisable to consult with a tax lawyer who specializes in sales tax and commercial disputes. They can provide legal advice tailored to your specific situation and represent you effectively if legal action becomes necessary.

6. **Compliance with Sales Tax Department**: While pursuing legal action, ensure you comply with the requirements of the Sales Tax Department. This may involve paying the differential tax amount and penalty charges initially demanded, under protest, to avoid further penalties or legal complications.

Remember, legal proceedings should be considered as a last resort after exhausting all other options for amicable resolution with the purchaser. Each case can vary based on specific circumstances and local laws, so legal advice from a qualified professional is crucial.

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