(Querist) 18 March 2008
This query is : Resolved
author : yamini Posted On : 3/18/2008 11:20:13 AM As per the advice of your expert yedhula prakash garu, who has to submit G-form i.e.bond of indemnity to s.T.Authority as my present situation is purchaser showed acknowledgement that he delivered c-form to the mediator and had shown the proper endorsement for the same. But mediator blames that he had given the same to us,infact we have not recd the same and he also failed to show the proper endorsement for the same. In the present situation please advice me who has to submit G-form and is there any procedure to get duplicate C-form from that state by us( as the mediator and the purchasers were playing fraud with us)And also give clarification that indemnity bond means to indemnity the state govt. when ever it wants to collect default tax, but we are not actually liable to suffer the loss sustained in that position. So, what is permanent solution to my problem as per law in order to avoid loss in terms of money
(Expert) 25 March 2008
Procedure in case of Loss of C form - If duly completed or blank C form is lost when it was in custody of purchasing dealer or when the form was in transit to selling dealer, the purchasing dealer will have to furnish ‘Indemnity Bond’ to sales tax authority (from whom the blank forms were obtained) in prescribed ‘G’ form. If the duly completed C form is lost after it is received by selling dealer, he has to submit indemnity bond to sales tax authority of his State.
(Expert) 25 March 2008
CST Form G : Page 1 of 2 FORM G FORM OF INDEMNITY BOND [See rule 12 (2) and 12 (9)] KNOW ALL MEN BY THESE PRESENTS THAT '[I, ______________________________________ s/o , ________________________ registered dealer under the Central Sales Tax Act, 1956 under registration No ___________________ dated __________________ in the State of_________________________________________ / '[We / M/s ________________________________________ /a firm / a company registered under the laws of India and having its registered office at registered dealers under the Central Sales Tax Act, 1956 under registration No __________________________ in the State of _____________________________________ ] (hereinafter called the Obligor) '[is]/ Hare} held and firmly bound untd the President of India /Governor of ______________________________ (hereinafter called the Government) in the sum of ________________________ (Rupees (in words) ____________________________________________________) well and truly to be paid to the Government on demand and without demur for which payment to be well and truly made 1[1 bind myself and my heirs, executors, administrators, legal representatives and assignsl l[we bind ourselves our successors and assigns and the persons for the time being having control over our assets and affairs], Signed this _______________ day of _____________________ two thousand ________________________________ WHEREAS sub-rule (2) of rule 12 of the Central Sales Tax (Registration & Turnover) Rules, 1957 requires that in the event a blank or a duly completed form of declaration is lost while it is in the custody of the purchasing dealer or in transit to the selling dealer, the purchasing dealer and as the case may be also a selling dealer each to furnish an indemnity bond to, in the case of purchasing dealer, the notified authority from whom the said form was obtained and in the case of a selling dealer, the notified authority of his State. AND WHEREAS the Obligor herein is such 11[purchasing] dealer 1[selling] dealer. AND WHEREAS the Obligor has lost the declaration in 1[Form C I Form F I the certificate in Form E II Form E II], bearing No. 1[which was blank I duly completed], and was issued to him by___________________________________________________ ________________________________________________(name and designation of the authority) which was issued to him by __________________________________________________________________________________ (name and designation of the authority)] and sent to,(selling dealer) I 1[received by him from ______________________________________________ ____________________________________________________________ (name of the purchasing dealer)] and sent to _________________________________________________________________________ (notified authority of the selling dealer's State) in respect of the goods mentioned below (hereinafter referred to as the 'Form'). Sl. No. No. of Bill/ Invoice/ Challan Date Description of Goods Quantity Amount 1 Ins. by G.S.R. 962 (E), dated 30th December, 1976. CST Form G : Page 2 of 2 NOW the conditions of the above written bond or obligation is such that the Obligor shall in the event of a loss suffered by the Government (in respect of which the decision of the Government or the authority appointed for the purpose shall be final and binding on the Obligor) as a result of the misuse of the Form, pay to the Government on demand and without demur the said sum of Rs _________________________________ (Rupees ________________ _______________________________________________________________ (in words) and shall otherwise indemnify and keep the Government harmless and indemnified against and from all liabilities incurred by the Government as a result of the misuse of such Form. THEN the above written bond or obligation shall be void and of no effect but otherwise shall remain in full force, effect and virtue. The obligor further undertakes to mortgage/char
(Expert) 25 March 2008
The DUPLICATE Form-C is required in case of loss of Form-C.The detailed procedure has been provided in sub-Rule (2) and (3 ) of Rule 12 of CST (Registration and Turnover )Rules,1957. This procedure is universally applicable.