We had made Inter State sales against C forms, but some parties hadn't given us required C forms. Now at the time of Assessment my Assessing Officer is charging tax difference along with 10% Penelty and Interest. Is Penel provision is valid under CST Act? Please provide me some legal guidance along with court judgement & case references. My Email ID is ashishvishnoi@sify.com
26 January 2009
YES THE A/O IS RIGHT & WITHION THE FRAME OF LAW TO DO WHAT HE IS DOING. HOW EVER YOU SHOUL;D TRY & SETTLE THIS WITH HIM OFF RECORD. INCASE YOU REQUIRE ANY HELP IN THIS REGARD FOR SETTLEMENT YOU CAN CALL ME
But Sir at the time of sale the purchaser had given us assurance of providing C form. There is no fault at our end. We are also agree to deposit difference of tax along with Interest. Why we pay penel for other default? Is there no provison in law for relief?
26 January 2009
AS per the revised state formats for filing monthly return, you have to submit c forms quarterly. If you are uanable to submit within 6 months you have to voluntarily pay the tax alongwith interest. Then penalty is not leviable. But in your case you have waited till ao has demanded the payment, therefore penalty arises. However you can recover from debtor by filing a civil suit.
You said that If I deposit the tax voluntarily along with interest, Then penelty is not leviable. Please provide me any case judgement. My email ID is ashishvishnoi@sify.com
15 February 2010
C forms can be submitted evan at the appallette stage and the same can be taken cognizance of as per decision of Punjab & Haryana High Court in Prestolite India ltd case.
Allthough the assessing officer has the right at the time of framing of the assessement to claim the CST payable without C form left unpaid as well as the interest.
If the asessee gets the C form after the framing of the assessement then he can certainly file an appeal for acceptance of the C forms by the assessing authirity evan at the appallette leval giving reference of the Prestolite India Ltd judgement.
So far the penality is concerned as per rule 14 of CST rules the maximum penality leviable is Rs 500.
Moreover for leving any penality the assessing officer needs to issue show cause notice to the assessee providing reaonable opportunity of being heard to the assessee and if the assessee can prove that he was prevented by sufficient cause then penality certainly can be escaped.
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