Wrong filing of sales tax returns
Respected Members,
I am rakesh doing business. I am puchasing goods from gujrat as CST Purchase. And selling them as local sales and paying VAT regularly. But my auditor has done a mistake which i would like to place infront of you and would like to get your advice. Following are some mistakes done by my auditor.
1) He has filed VAT returns as CST returns.
2) He has paid CST Tax instead of VAT Tax.
I have consulted my Commercial Tax Officer. Following are the point he told me.
1) He had said there is no provision for adjusting CST Excess Payment in to VAT Payment were as there is provision for adjusting VAT excess payment in to CST Payment.
2) He had said going for CST refund from government is next to impossible because receiving back payment form government is difficult.
So, at last he has asked my auditor to search for a case law related to this type of case. so that he can close this case on bases of that case. He has also told he himself would refer some book to find such case law. So, it's my kind request to all the members of CACLUB please go through my query and if in your knowledge you have gone through such case please suggest me so that i can adjust my CST Excess Payment to VAT Payment.
Thanking you.
CAclubindia
