Case law required

Dear sir

 One of my client is a registered dealer under WB Vat and CST Act, they have make a petition before the Appellate Revision Board for the year 2004-05 . The grounds of Appeal revision is to produce the C-Form , D-Form F Form and Form 12 which they collected after completetion of Appeal case . They have all the documents in support of the forms as collected after Appeal Case, but the LR Copy of the bills are lost due to a severe fire held at their office sometimes in the year 2009. The proof of fire is very much existing. Now the point is that without this LR Copy Department is not acknowledging the claim . I Need your help if any case law either from high court , Tribunal or any other higher authority above the revision Board exists which explain the status in case loss of documents due to fire or natural calamity.

The Matter is very very urgent , please provide the case law details .

 

Anita Kar

FCA DISA

Replies (1)

  No suitable case law could be found. Production of statutory forms is highly esential. Other evidences to show that the concerned interstate sale has taken place is secondary. Your client's customer can not furnish a 'C' form for the purchases not made by him,because proper utilisation of 'C' form is verified by the issuing authority. Your client's customer also can issue a declaration regarding the purchases made by him and issue of 'C' form,with the date of receipt,transporter,and any proof available with them for receiving the goods from known transporter.etc Moreover LRs are issued by established transporters only. When some goods are transported by a private vechicle no LRs are raised. So,insistence on LRs is not a valid ground and a legal requirement.If they do not co-operate and pass an order confirming  tax at a higher rate,such case can be won in the higher appellate authority......mjk

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