Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AJOY KR. MUKHERJEE   26 April 2014 at 11:06

Disallowance of declaration in form – ‘h” by the additional commissioner of sales tax , west bengal

Dear Sir,

With reference to the above it is to inform you that the Additional Commissioner, Sales Tax, West Bengal (Appellate) has been disallowed the Declaration in Form – “H” on grounds that “the Export invoice date prior to purchase invoice date”.

The actual matter is :

We received purchase order from M/s, Gemini Merchandise Pvt. Ltd., Pitampura, Delhi – 110088 to supply the C. I. Ingot Moulds which they exported to Nigeria through Kolkata Port on 20/11/2008(this is purchase order date). We confirm that the materials to be delivered after 15-20 days as the manufacturing was take some time over phone. In the meantime they started the proceeding for booking the container by applied for excise bond and shipping bill at excise & customs dept. The M/s, Gemini Merchandise Pvt. Ltd. make the commercial invoice and other documents to submit the same to Indian customs for making the shipping bill. They mention the date of Commercial Invoice is 17/12/2008, from custom department they received shipping bill. In shipping bill the date was mentioned 18/12/2008, let export date was mentioned 24/12/2008 and the date of bill of lading was 28/12/2008. We supplied the materials on 19/12/2008 against our sale invoice and ARE-1 date was also 19/12/2008.

Is this process is o.k. is there is any ground for disallowed the declaration in form “H” which already disallowed by the sales Tax authority with the ground that “the Export invoice date prior to purchase invoice date”.

as per CST Rule there clearly mention that 1st the merchant exporter get the foreign buyer order, according to that the merchant exporter place the purchase order to the manufacturing exporter, then the mfg. exporter supply the materials through sale invoice alongwith ARE-1 or ARE-4, then the bill of lading will be made.

Please help us so that we can get relief from the Sales Tax Department.

Thanking you

durgaprasad   26 April 2014 at 10:37

Capital gain

what is the tax consequence of short term capital gain on sale of share? and what is the rate of STT now?

ketan maniar   25 April 2014 at 22:19

Vat rate

Dear sir,
I am in a business of selling say x product, this x product is being manufactured by various companies. Some of these manufacturers use a particular excise code whereby it attract a lower rate of tax, whereas only one manufacturer classify under different excise rate which attract higher rate of vat tax.
Each trader charges differently for this x product.
Unknowning for 15 months , I charged lower rates, once I came to of the problem, I switched to higher rate to be on safer side.i am also loosing a lot of businesses.
Please advice what to do.Do we have a judicial verdict on such a situation.

SANGEETHA   25 April 2014 at 18:09

Vat & cst - annual return

My friend is a Monthly return (Form I and Form 1) filing dealer. Whether he is required to file any annual return for the whole year.If yes what is the due date and which form should be used?

ritesh   25 April 2014 at 16:22

Capital gain

I had booked a flat in a project 3 1/2 years back. but possession still not recd. I have paid 8 out of 10 installment to the builder through CLP method. Now If I transfer it to some one, how capital gain will be calculated. It will be Long term or short term ? and if I can take the benefit of indexation on paid installments. Pl suggest any body.

Praful Mehta   25 April 2014 at 15:04

MAT On Sole Proprietory business

I heard about now proprietory business is also under provision of MAT. Kindly throw more light on the issue.

Dhanashekhar K V   25 April 2014 at 13:03

80ddb


Dear Seniors,

Employees can claim IT exemption u/s 80DDB directly through payroll ?

or

Employee has to claim the 80DDB exemption at the time of filing his individual returns only ?

Please clarify the above doubt.

Regards,
Dhanashekhar

yeteendra naidu   25 April 2014 at 11:47

Service tax - pre-schools

Dear Experts,
we have opened a Daycare centre-cum-preschool for kids about two years back. now the strength has grown to 35 and turnover just crossed Rs.10 lakh mark p.a. Kindly let me know if pre-school-cum-daycare is exempted from Service Tax or not. I also understand that there are some concessions for units providing cooked food for the inmates. Please advice if the unit needs to be registered for service tax or not.

Ramesh Kumar Pandey   25 April 2014 at 11:11

Exemption under sec 54 income tax act

Dear sir,

I Have Purchase a Flat through Lottery System in the year 2008 August 27th and Sold out to 31/08/2010 and getting a Capital Gain Rs. 2218340/- and then after I have purchase a Office Premises as per deed (Use as Residential Purpose ) Measuring 340.37 Sqft. on 28/03/2011 So, My qestion is Can I Avail the Exemption under section 54 of the Income Tax Act.1961?