Vat case law if any required
This query is : Resolved
31 May 2012
Whether mistake in presentation in vat return can be a basis for imposition of tax.
suppose we have purchased following goods:-
1) Rs.1000/- goods which is taxable at first point by paying VAt on it.
2) Rs. 2000/- goods taxable at last point.
both are interchangeable and can not be separable from each other.
We have sold both goods at cost price + VAT ( since it is a controlled good and we can not charge tax)
Now our presentation was as follows in return:-
Total sales - Rs. 3000/-
VAT @ 10% - Rs. 300/- ( though we are not required to pay VAT on First point Taxable goods)
Less:Input VAT - Rs. 100/- ( though we are not eligible for input vat claim on first point taxable goods.
Net tax paid - Rs. 200/-
Now, the tax authorities are claiming Rs. 300/- as output Vat, but they are not accepting input VAT of Rs. 100/-. hence we may require to pay Rs. 100/- twice.
Is it Justified. Whether mistake in presentation in return can be a basis for imposing tax twice in a single sale.
suppose we have purchased following goods:-
1) Rs.1000/- goods which is taxable at first point by paying VAt on it.
2) Rs. 2000/- goods taxable at last point.
both are interchangeable and can not be separable from each other.
We have sold both goods at cost price + VAT ( since it is a controlled good and we can not charge tax)
Now our presentation was as follows in return:-
Total sales - Rs. 3000/-
VAT @ 10% - Rs. 300/- ( though we are not required to pay VAT on First point Taxable goods)
Less:Input VAT - Rs. 100/- ( though we are not eligible for input vat claim on first point taxable goods.
Net tax paid - Rs. 200/-
Now, the tax authorities are claiming Rs. 300/- as output Vat, but they are not accepting input VAT of Rs. 100/-. hence we may require to pay Rs. 100/- twice.
Is it Justified. Whether mistake in presentation in return can be a basis for imposing tax twice in a single sale.
04 June 2012
Mr C Sharma,
This pertains to which state and what goods you are dealing? Pl give deatails..MJK
This pertains to which state and what goods you are dealing? Pl give deatails..MJK
24 July 2023
"Sorry, I am not a featured member."
For featured members contact....
https://www.caclubindia.com/catalogue/featured.asp
For featured members contact....
https://www.caclubindia.com/catalogue/featured.asp
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Refund Annexure-B
- TDS Claim year
- Liable to deduct tds and 44ADA
- Refund of 20%pre-deposit paid for stay application
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- TDS Challan Code
- CCFS 2026 Schemed
- ECO SUPPLY REPORTIONG IN GSTR-1
- ASISSE return under the provisions of the Collection of Statistics Act, 2008 (7 of 2009)
- House Property Reporting in ITR
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
