Mvat sales not shown in turnover, hence no credit to buyer.

Mahavat 348 views 1 replies

HI,

Following is the query i got from my Friends Client:

My Client A (Based in Mumbai) is a Supplier to a leading Food Processing Firm B (Based in Palghar).

A has done business with B from 2009 to 2014.

A has not shown any turnover of B during his Vat Returns/Vat Audits, he has shown his total sales as tax free sales, to eat up all Tax received. Hence he has not paid MVAT Tax to Government.

Now B has been receiving notices from Maharashtra Sales Tax in form of 604A, that A has not paid his MVAT tax to government. B has also paid his MVAT tax that A had to pay of year 2009-10, without which his assessment could not be done.

Now the funny part is that A had changed his Tin no due to changes in Partners since 2010-11, but has issued invoices to B mentioning the old tin number.

Now B, has filed a criminal case on A & police complain citing fraud 420 & 156.

The amount goes to Lakhs of rupees.

What should A do to save all the money, and not pay the amount to B. B has to compulsaryly pay the amount without which his assessment will be pending.

What all can A do legally to show Tax credit in B's Tin Number, even if he bribes the officer/ or any other way.

In what ways can B get the Tax Money from A.

If there is no other option, how can A pay the money to B. If A pays cash, there will be no proof of payment, and B can again file police complain. If A pays by cheque/DD, the source of Income will be questioned, as from where did the money come, because A has not shown that income legally.

You can also PM me/ reply me as to what should be done so that A can save money/ or if he has to pay and not get in trouble.

 

Replies (1)
You should have bought more goods from the defaulter on credit not telling him that there is some default in mvat. Once goods received., not to pay any money till he clears the dues. And stop to buy any goods from him henceforth.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register