Time bar vat 47 use

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 January 2012 my assessee import goods from punjab and use vat 47 form, AO chek the goods under transit and foud the vat 47 form was timebard. noe he issue notice to party and want to panalised him under section 76 of r vat. what is the provision plz help me

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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15 January 2012 Mr Author,
What do you exactly mean by time barred.Was the form 47 issued/raised long back by the dealer himself?.If that is the case then doubt arises as the same form might have been used by the importer many times earlier. You have to convince the checkpost officer as to how such an old date appeared in the form.
Or if the defect is of issuing an old form, it can be reauthorised by the VAT officer of your area,alternately you can replace it with latest form-47.
MJK

Querist : Anonymous

Querist : Anonymous (Querist)

16 January 2012 Sir my mean that the tow year validation period has been complete as on 30.09.2011 and my assessee has import goods from another state vied the vat - 47 witch was time bared, and ao has issue notice and after our reply he impose an penalty @ 30% of the billed amount and freight unloading and gross profit amount.i have refer the D.p. metals case but ao not satisfied and impose the penalty. now i want to appeal what is the provision

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