Input credit

This query is : Resolved 

21 September 2012 A dealer purchasing material paying 4% Tax from a registered dealer in April 2012 subsequently it came to notice that the selling dealer Sales Tax Registration cancelled in 1st June -2012.It also came to notice that the selling dealer neither paid Tax Nor submitted Qtr Return of June-2012.

What will be the Departments reaction on Purchasing Dealer who are submitting return and paying tax regularly.

A Datta

22 September 2012 either Selling dealer paid vat his state sales tax departemnt and getting withdrawal letter from department or paid tax against URD Purchase anf collect from selling dealer.

22 September 2012 either Selling dealer paid vat his state sales tax departemnt and getting withdrawal letter from department or paid tax against URD Purchase anf collect from selling dealer.

23 September 2012 Tax amt. is not credited by vendor to Govt. Treasury therefore you will not be entitled for input credit of tax paid on purchases as per prov. In Maharashtra VAT Act.
Ref. Bombay H C decision WRIT PETITION NO.33 OF 2012 dated 11-5-2012 in case of M/s.Mahalaxmi Cotton Ginning Pressing and Oil Industries, Kolhapur.
& GHERULAL BALCHAND Vs. Hariyana State civil writ petition of6573 of 2007 dated 23.9.2011 (Punjab & Hariyana HC).


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