Long Pending CST Form C

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Hi,

 

I am greatly relieved to see that such an amazing forum exists on this complex topic. I heartily thank the Admin team and all the members.

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I am a proprietor of a small manufacturing company. We sell goods to textile mills all over India. Now the problem is that as requested by the mills, we had charged CST Rate as per the C Form but many of the customers have not sent the C Forms and hence I am in huge trouble.

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Around 30 C Forms are pending from clients in Punjab and about similar number of C Forms are pending from clients in Tamil Nadu. We are trying to contact them since many days but some of the mills are closed down, some have changed names, locations etc. Some have plainly denied.

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Now Value of these invoices is around Rs. 20,00,000/- and average of each invoice is around Rs. 30,000/-. CST Department has informed us that they shall charge the basic difference + 150% penalty on the difference amount.

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Is there a way out of it? How can I minimize the difference/penalty? This entire issue is only for the FY 2006-07, C Forms for 2007-08 / 2008-09 / 2009-10 are also pending. Please help.

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Prasham Kothari

 

Request to Mod/Admin: By oversight I created a similar thread in the Service Tax Sub Forum. Kindly delete the same.

Replies (3)

1. for sending goods out of state, u need to obtain "waybills" whereas the TIN number of buyer is mentioned, preserve those copies / truck receipts/ and other relevent documents.

2. diff of tax is payable by you, as the seller is liable to collect and produce the C forms, in absence the diff is to be paid by the seller only. you may recover the same from buyer by issue of debit notes.

3. Regarding the penalty, there is no such rule for imposing penalty over the non receipt of C forms, but the diff + interest of diff amount is only chargable. 

4. Once again approach the concerned buyers, as now the C form availability is too easy, so they might offer u the forms pending. 

Originally posted by : U S Sharma


1. for sending goods out of state, u need to obtain "waybills" whereas the TIN number of buyer is mentioned, preserve those copies / truck receipts/ and other relevent documents.
 

Many of the states in India don't have Waybills. Punjab & Tamil Nadu where most of my clients are don't require any waybills to send the material. But then I do have their official purchase orders, truck receipts, payment details (all done by cheques only). But how does it help when I don't have the Form C?


2. diff of tax is payable by you, as the seller is liable to collect and produce the C forms, in absence the diff is to be paid by the seller only. you may recover the same from buyer by issue of debit notes.
 

If acquiring Form C (Which is available free of cost, well almost) is so much trouble some, getting payment against debit notes is almost impossible. Is there a legal way?


3. Regarding the penalty, there is no such rule for imposing penalty over the non receipt of C forms, but the diff + interest of diff amount is only chargable. 
 

Do you know of any GR or something which I can refer to while I disucss the same with the authorities. He's really scarred me by asking 150% penalty.


4. Once again approach the concerned buyers, as now the C form availability is too easy, so they might offer u the forms pending. 

 

As I said some have closed down, some have denied and other have changed names, location etc. I presented the returned Reg. A/D letters to the authorities but there's no change in their attitude.

 Is it possible to challenge the order of authorities in some court? Is it possible to get stay / revise / review the order to get some discount / waiver?

as the authorities has no direct relation with your business, they allow discounted rates of tax against form C, which is liability of seller to collect from buyer, otherwise full tax has to be collected.

in absence of form C the seller has to suffer the diff of tax, (full tax rate - charged tax rate), and he can issue debit note to buyer for recovery of diff of tax,

no other alternative available as on now !!

dont get afraid of in air talks of office, go to the PRO direct of your VAT office, who will guide u properly  


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