I am a Sole Proprietor and Exporter from India
I registered with the MVAT dept in 2006 only to sell the Export Incentive Drawback Licences as a registered dealer other than that we do not sell anything within India, but do buy for exports.
The products mentioned while applying the VAT Registration we said all "FMCG" goods.
I do not have a turnover of 40 Lacs in any year till date to qualify for MVAT Audit which has been subsequently raised to 60 Lacs by the MVAT dept.
All the while we have exported Poultry Eggs except in 2009-10, we made a shipment of/exported Cooking Gas Stoves. For this export we approached the MVAT dept. for registration of the product Cooking Gas Stove/apply for "H" Form; and discovered that our Registration was cancelled.
We did not file returns routinely as we were exporting Poultry Eggs; also the Poultry Eggs exported where exempted of any taxes etc even in the local market. We had no tax liability to MVAT dept on the exports we made.
Meanwhile we also did not inform the change of business address to the MVAT dept., which is reason cited in the cancellation order.
As my consultant was unable to rectify the situation, I approached the MVAT office and was informed that the Registration can be restored. I will have to pay Late Fees for all the returns uptodate.
I am looking for provisions in the MVAT 2002 or subsequent amendments wherein I could have a waiver for the Late Fees.
May I solicit information on the relevant provisions so I could appraoch the Joint Commissioner (Returns) and have the Registration restored and rectified.
I am willing to pay and submit to all the late fees, interest, penalties and tax on the Export Incentive Drawback Licences I have sold during the relevant period.
ANAND
CAclubindia
