We have facing issue in appeal case regarding transaction of Sales in Transit u/s 6(2) of CST act 1956.
1 We as supplier (A) and our customer(B) located in same state i.e. Maharashtra
2 We as supplier (A) asked our vendor which was located other state i.e. Gujrat (Interstate)
3 As per contract our customer (B) after receiving material from our vendor and after receiving invoice from us released C forms.
4 But for this Sales in Transit transaction vendor not yet submitted E1 forms to us
5 Accordingly we have paid 2% (as per invoice and terms) at the time of filing return
6 Now assessing authority denied transaction even after producing vendor invoice and LR saying even after receiving C form in absence of E1 form you have to pay full tax i.e. 12.5%(Maharashtra full tax) instead of 2% cause due to supplier and customer located in same state.
In this regard can provide suitable judgement for the same. Requesting you to provide the same.
CAclubindia
