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Sekar   30 April 2016

File case for c form issuance

Hello Experts

My case is like this. We sold goods from Andhra Pradesh to Telanagana. Since it was inter-state transaction, my customer said he will give us C form and so we should charge concessional sales tax @ 2% instead of VAT at 14.5%. This is the general process for any inter-state transaction and so we agreed. The customer made full payment plus 2% tax.

After taking the goods, for the last 22 months the customer is not giving C form inspite of our best efforts, requests and pleadings.Ultimately I sent him a notice asking him to issue C form or we will file case in court. The customer is still silent and not responding.

In such case, what to do now? The issue is only of getting a C form issued which will not take more than a minute by him on internet. But he is skipping & postponing and fooling us.

Can we file O.P suit ? How much will the costs for such suit where no money is recoverable only recovery is of a C form 

Suppose I inform this situation to Commercial Taxes Department of buyer area will it be of any help.?



Learning

 2 Replies

k.n.VIJAYAKUMAR   30 April 2016

yes you  can file a case against him, make the commercial tax officer of his nearest place also as a party, as this will strengthen your case. In case he has not shown your sale ,in his returns - this will help. .

Mark a copy to your sales tax authorities also. your  local sales tax authority can levy full tax for that sale, can also put a penalty, + interest. Calculate the costs involved & take a decision.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 December 2016

C' form is absence, then you can pay remaining tax rate amount i.e. 14.5% - 2% = 12.5 % to the govt. and collect the same from the party. 


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