With regard to due date - clarification
T.N.REDDY
(Querist) 24 November 2016
This query is : Resolved
Sir,
Receipt of showcause notice was on 26-09-2016 where in 7 days time(within 7 days) was granted. I submitted the reply to the showcause notice on 03-10-2016. But the assessing authority says the reply should have been submitted on 02-10-2016.Hence, kindly clarify as to what will be the correct due date ie.is it 02-10-2016 or 03-10-2016 in this case.
Normally, the day on which we receive the notice- will be it be counted or not to be counted.
kindly clarify
Guest
(Expert) 24 November 2016
Please clarify, show cause notice was issued under which section on account of what specific reason?
T.N.REDDY
(Querist) 25 November 2016
Dear P.S. ji,
u/r 25(5) of Telangana VAT Rules.
R K JAIN
(Expert) 25 November 2016
Date of receiving of notice is not counted. Your reply is on time.
Kumar Doab
(Expert) 25 November 2016
Expert Mr. R.K. Jain has explained for your benefit.
The rule provide for 'reasonable opportunity'.
http://www.tgvat.info/downloads-2015/E%20Book%20on%20T%20G%20%20VAT%20RULES%20GSUPADHYAY%2012th%20May%202015%20FINAL.pdf
Guest
(Expert) 25 November 2016
Dear Shri Reddy,
Rule 25(5) of the Telangana VAT Rules does not speak about the show cause notice, but an order of the tax assessed, the penalty and interest due to be served to the VAT dealer.
Even Form VAT 305 provides for time of 30 days, NOT 7 days. Still further, even for appeal, if decided to be made by the VAT dealer, the time allowed is 30 days, NOT 7 days.
So, please give correct position, or reproduce the extract of the show cause notice, if any received by you.
Rajendra K Goyal
(Expert) 25 November 2016
If the authority does not accept and proceed considering the reply as delayed, go for appeal.
Guest
(Expert) 25 November 2016
Dear Shri Reddy
It may not be out of context to point out that what one expert has advised, like, "The rule provide for 'reasonable opportunity'," the same is incorrect and misleading, so far as Rule 25(5) is concerned and in view of your information.
You may therefor like to give proper description of your real problem with adequate background to avoid irrelevant, misleading and confusing replies by some members.
