Default to provide h form by the purchaser


This query is : Resolved 

(Querist)
29 January 2012 Sir,

My client had sold some goods for Export purpose.

To get Tax relief my client had asked the purchaser to send him H Form to get tax benefits in sales tax office at our ward.

The Purchasing party had given a cheque for payment of the goods purchased.
My client had filed a complaint against purchaser U/S 138 of negotiable instrument act as the cheque bounced.

Now the purchaser is refusing to issue H form to my client.

what are the legal remedies?

can we file a criminal complaint against him?

16 April 2012 Mr Gaurang,
If he had commited that your goods would be exported and you should not charge any tax and now backing out by not issuing H form means,you have been cheated and made to pay the CST due by yourself.It becomes valid case to make a litigation,provided the tax is big enough.You have to issue a debit note to him demanding to pay the taxes that become due for not furnishing a 'H' form within a specified time ,say a week,an also warn that such non payment would attract a prosecution in a court of law.If he fails to comply a case may be lodged by appointing a lawer along with copies of all documents......MJK


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