Non receipt of 'C FORM' from buyer.

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A seller has not received the 'C FORM' from his buyer since 2 yrs. He had earlier made a sale at concessional rate @ 2%.

If the sale were not made against 'C FORM' then the same goods would have suffered tax @ 4%. Now, notice is sent by sales tax dept asking for payment of difference of tax amount. Also buyer is of no intention to give that C FORM in coming future. 

Should the seller pay that difference of tax? If YES, can he claim it from his buyer.

Also can the seller answer to Notice that, since the buyer did not send C Form, he will not pay the difference and also direct the Sales tax Dept. to collect it from respective buyer.

kindly suggest!

Thanking you in Advance!:)

Replies (14)

This is not excuse that buyer is not giving c form so you cant pay differnce

you have to pay difference if you are unable to deposit c form to the sale tax department

Sale tax department has no interest in transaction between you and buyer.

 

You will hve to pay the differnce in ur case

You have to pay the demand raised by the department and  have to claim the amount from the buyer by raising a debit note. 

yes pay the diff..

Seller will have to pay the demand amounting to difference between local vat rate and cst rate.

Regards.

Legally, the seller is required to pay the difference between local vat rate and cst rate.

However, the difference can be recovered commercially from the buyer by the seller (is there any clause in the agreement that in the event buyer does not issue C Form, then seller will recover the difference from buyer). This clause is a saving grace for the seller.

 

 

You cannot do anything, but to pay the difference and debit the account of your customer. However, since it is a contract in which the performance of the customer in providing you the C-Form was also a part of the performance, you can sue him for the performance. Option 1 : if the customer gives the C-Form later, then you can ask for rectification and claim refund of the paid amount or Option 2: if the customer doesnot give, you can claim the difference and recover it by suing him in a Court of law for breach of contract.

is there any declaration a buyer can give if he has not received c form from department. please poat a format if any.

 

thanks,

vishal

Can anyone mail the draft legal notice for non submission of C Form.

also please mark mail to bhaveshmak @ gmail.com

thanks,

bhavesh

if we do not pay the difference amount and also i am having input tax credit , so can we adjust this difference amount from my tax credit ?

Sir,

One of our party which is registered in gujarat salestax are not providing us c-form inspite of sending my request so what remedy is there for us.(seller registered under Mahavat) 

Sir do u serve in Tamilnadu. We need To get c forms from our clients from kerela, Karnataka andhrapradesh

We can help on arrangement of C form. Contact  7503457727

We have raised invoice cform  basis and later party neither paid agst invoice nor issued c form.  We filed case in MSME and won the case but by then customer went into liquidation. Now sales tax asking to deposit tax amount. My question is will sales tax consider reducing my sales as I did not even receive payment 

Hello sir, we are C-Form collection agency from Gujarat, if you have any problem regarding C-Form, feel free to contacts us 
Jigar - 94. 0.  94. 90.1 94


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