tngst act 3(1)a
c.a.ashok kumar
(Querist) 21 June 2011
This query is : Resolved
a manufacturer sold goods under Tngst act against Form xvii declaration.His turnover falls below the taxable limit.Whatever the tax he collected from the customer he remitted to the department.Now the assessing officer theaterning the customer to levy tax @12.6%.pls give high court or scc citation
Raj Kumar Makkad
(Expert) 04 August 2011
Tax is leviable as per law and customer has to pay it.
R.Ramachandran
(Expert) 04 August 2011
Dear Mr. Ashok Kumar,
The TNGST Levy is against the seller and not against the customer. You have to come out with full facts.
c.a.ashok kumar
(Querist) 05 August 2011
concesstional rate of tax availed by the seller @ 3% against form xvii declaration. The manufacturer not able to file the declaration. since his taxable turnover not reached the Taxable Timit,and if the manufacture collected tax,then the amount so collected shall be recovered as penalty u/s 22(2) of the act.In such a cristal clear suituation the assessing officer threatening the manufacturer to levy higher rate of tax @12.5.There is some madras high court or supremcourt decision is available if anyone give the citation it shall be helpful to me
