Jatinder Chugh
29 November 2011 at 17:12
I am regd dealer under punjab vat act. I want to buy yarn from outside state but i would manufacture cloth from this yarn which is tax free. Now can i get the exemption from payment of entry tax by submitting an indemnity bond/undertaking/affidavit. If yes then i need copies of the same in MS Word. Please send me copies of all these documents in MS Word
AMIT BAJAJ ADVOCATE
06 April 2011 at 22:02
I have seen some cases where the VAT tribunal in Punjab has remanded some cases to the designated officer for deciding a fresh on penalty proceedings. For example recently I saw a case where the Tribunal remanded the case (where penalty u/s 51(7) of PVAT Act was levied) giving reasons therein that the inquiry was not conducted properly by the designated officer so as to come to conclusion whether there was an attempt to evade tax or not and consequently whether penalty should have been levied or not.
In my view if an order of penalty is suffering from procedural infirmities due to fault of the authorities leving penalty, then such order of penalty should be quashed instead of being remanded, more so in tax laws which are welfare laws. The reason behind it which I find out of my judicial conscience is that subjecting a tax payer to penal proceedings twice in a welfare law would be prejudicial to his interest and also would amount to double jeopardy and causes unneccessary hardship and harrassment to such tax payer.
Tax payer should not suffer for the fault of the department officials committed in initiating and concluding penal proceedings.
Please provide your valuable comments in this regard
RAKESH B SHAH
17 February 2011 at 10:07
AS OUR ORIGINAL & DUPLICATE C FORM HAS BEEN BURNED IN FIRE WE HAVE TAKEN ZEROX COPIES OF C FORM FROM OUR CUSTOMERS I LIKE TO KNOW IS THERE ANY CASE LAWS FOR ALLOWING COPY OF C FORM PLS. LET ME KNOW
SANJIV BATRA
29 January 2011 at 15:35
WE ARE MANUFACTURER OF T.V.AND OTHER ELECTRONIC GOODS. WE ALSO IMPORT ELECTRONIC COMPONENTS FOR USE IN OUR PRODUCTS. WE HAVE OUR ONE UNIT AT NOIDA. IF WE TRANSFER SOME ELECTRONIC COMPONENTS TO OUR NOIDA UNIT AGAINST FORM 'F', IS ANY CST LIABILITY ARISES ON THIS TRANSACTION OR NOT?
THANKS
SANJIV BATRA
Vinu Priya
18 January 2011 at 13:39
We purchase fibre from Nagpur and sell within Tamilnadu through E1 Sales. What are the important proceddures (i.e, wordings) to be followed and to verify in billing during both purchase and selling.
Anonymous
04 January 2011 at 12:11
i m mumbai base co. got ordr from mumbai base co. so i purches matterial from gujarat so i order my gujarat party to dispatch matterial to my mumbai base consumer directly and my gujarat base party rase bill to me against c form and charge c s t, i made a sale bill to my mumbai base party against sale in transit against no tax and collect c form is this right sale pl. advice
Anonymous
01 January 2011 at 20:45
i am a businessman and i deals in hardware goods and mainly doing interstate sales from punjab to uttaranchal and we done all our business in 1 number and our bill is also very high in amount but when it crossed on the barriers the sale tax deptt stops it and said the bill is undervalued and ask for settlement and imposed a very heavy penalty what is the benefit to us for paying lot amount of taxes if we again has to pass through these things. what can we do in this matter
please favour me and reply me
Monu Bhardwaj
28 December 2010 at 21:02
We are registered dealer under Punjab Vat Act.We are purchasing Formic acid from Gujarat party.After collecting order from our customers,for passing cenvat credit to ultimate buyer,in the bill raised by the party name of the ultimate buyer is also placed by the Gujarat Party in the column consignee and in the column sold to our name is mentioned.LR is being prepared in the name of ultimate buyer,means that it is case of predetermined sale by transfer of documents of title of document.Please refer to case law of A& G Projects also which creates another comlication.
Another query is that we have a private limited company and a partnership company both the directors in the company as well as partners in the firm are same(Both Husban and Wife only;).Vat and CST Registration of both the entities are different.
but address of both the concerns are same and one only.
Now due to some practical problems we are purchasing material from Gujarat in partnership firm and effecting sale in transit without any magin to our another company at the same address.
Querty is that is it possible to effect sale in transit between two related parties having one and single address where partners and directors are same.
So.can any authority whether income tax department or sale tax department prove that as the directors and partners in both entities are same and address is also same and even no margin is added in the subsequent sale.Transcation of subsequent sale is fictitious in nature and used as a tool only to avoid or evade tax.
Futher is to possible to endorse a LR/GR to own address as both the entities are having same address.
Anonymous
26 December 2010 at 18:34
As AMIT BAJAJ ADVOCATE on 25/12/2010 15:40:20 has given answer to question but i want to know more about date of purchase by putting below suitable example with reference to punjab vat act-2005.
Eg. as when seller send the goods during interstate sale on 30.06.2010, he book the sale on same date when bill is given to transporter by him. now when purchaser receive it say by 20 days later ie 20.07.2010 then he enters it when he receive it.
Now Question is :
1. if the transaction fall in two quarter then the problem arises as to issue of Declaration Form C. seller says i have to receive the form for Quarter 1 as purchaser says it relate to Q2. due to this a lot of problem occurs while taking declaration forms from local sales tax authorities.
2. if difference relate to two financial years a bigger problem arises? somes states are giving form by printing on it valid for particular year.
how to resolve.
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Capital gains
hello members
The issue is as follows:
A property was acquired by the Government during the FY 2010-11 and compensation paid to the assessee Mrs.A. The property was transferred to the assessee Mrs.A, on the death of her husband. The husband Mr. A , had received the property ( the property relates to their grand/great grand father's)on partition of the property during the early 1950s.
So in order to compute the Capital gains, we need the fair market value as on 01/04/1981. Require your valuable opinion on how to arrive at the FMV as on 01/04/1981.
Thanks in Advance