Mvat-late application or not appln 4 addn business place

Save Share

This query is : Resolved

Jayesh (Querist)

13 November 2012 Respected Sir MJ Krishnamurthy,

Since I could not find your email address I m writing here again for my balance answer.

Thank for giving prompt reply on Maharashtra vat additional address issue as u said if we have included the turn over in return while filing main place of return then no offence. Sir, can u site any case laws regarding the same.Further I wanted to say that while purchase, our vendor has put our vat tin in our purchase bill it self.

What about Penalties and other consequences,
1) if turn over is added in vat return
2) if turn over is not added in vat return

MJ Krishnamurthy

MJ Krishnamurthy (Expert)

15 November 2012 Mr Jayesh,
When your vendor has shown your main branch VAT already in the purchase bills you should include sale of such goods in the return of the main branch.If the sales done in the branch are already included in the return and taxes are paid,the govt has not lost any tax and the penalties leviable under sec 20(1) and interest leviable under sec30 get excluded.When they are not included in the main branch accounts and reported in the returns 1)penalty u/s 20,equal to the tax that was not paid and 2) interest @1.25%/pm will be levied. You can also rectify the returns of main branch by filing revised returns. If not noticed,so far, by the department, you can cover up by showing all these sales in the main branch accounts.Levy of penalty for doing business at an undeclared place,if caught doing so,a penalty of Rs five thousand can be levied...MJK

Jayesh

Jayesh (Querist)

16 November 2012 MJK sir,thanks for prompt reply! on MVAt, but sir give few case laws so I can be firmly argue up on consequences for late application for application of additional place of business if possible for both situation:-
1) where there is no survey by department
2) where there is survey by department and application is made there after.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)

16 November 2012 Mr Jayesh,
You will not get any useful caselaws in this kind of simple matters.When the department does a survey,find some evidence of one doing business which is taxable,in a branch,then they may resort to estimation of turnover of the past period.The prolem gets further aggravated with proposals of penalty and interest etc. Then several case laws can be brought out relating to the type of business,like a hotelier,bakery,mnufacturer,exporter,trader of various kind etc. Please spell out your problem,I can find suitable case laws.
If you are not caught in a survey declare all your sales with the main branch figures
and finish it. Hereafter you may proceed to register the branch also......MJK

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now