Demand u/s 32

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Devendra (Querist)
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16 October 2013 R/s.
I have received notice of demand u/s 32 of MVAT ACT, 2002 dated 05/05/13 regarding disallow our set/off against purchase because our vender did not shown our purchase with our vat tin in form 704.
Can we filed appeal against this order. what is the procedure for making appeal.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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16 October 2013 An Appeal can not be filed on a notice. First you reply to the authorities that your supplier is a still running business firm and any loss of revenue is to be recovered from them. For this default and offence committed it is the collector of vat who should be dealt first. If such efforts fail,then the last resort will be to recover from you. You have done the purchase in good faith and paid tax also on that transaction.Until they complete this action of recovering the collected tax from the seller,the department should not begin any action on you.There are also two HC judgments on this matter that the first the defaulter is to bealt with in the case of such offences,and not the one just linked to it......mjk

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