Anonymous
03 November 2011 at 18:20
respected sir
i have made underdeclaration of out put tax amounting to rs20000 for the month of april-2011.but there is no tax loss to the government as i have a carriforward of rs 45000 for the end of april -2011.
i like to know that , whether the above case of under declaration is liable for penalty or not .my contension is that although there is under declaration of out put , there is no tax loss to the govt. so penalty is not levieble.some one may please clarify
thanking you
Adv:Nikhilesh
28 October 2011 at 15:01
Examine whether revenue and administrative jurisdiction exercised by India in her coastal waters are in tune with international law principles and comparative state practices
Bhupesh Pradhan
30 September 2011 at 11:29
Is it essential to pay 100% of VAT as CG VAT, for the first and second month of every quarter is 10th of subsequent month if the liable to pay tax ordinarily of rupees twenty five lacs per quarter or above or rupees one crore per annum or above
Anonymous
24 September 2011 at 14:15
For the FY 2010-11 is there any circular by the excise department which says that 100% input credit on capital goods can be taken in the first year itself? Earlier it was that 50% was to be taken in the first year and the balance in the next year
Anonymous
19 September 2011 at 11:53
I got IEC and imported the cosmetics on the code which was addressed to My name as properitor and myhome address as my address. Now the goods are here and the CHA/transporter asking my Vat no. which I dont have. does it makes illegal to bring the items cleared from the customs to chandigarh from delhi( address on the shipment is of chandigarh and custom clearance is done at delhi).If i apply for a vat no. it requires a firm name and address(commercial). Can i get vat no. on my name as in My IEC code. If the address different does it create any problem for releasing the goods through states barrier?
can i get vat no on different address than my IEC code make any difference as I am the owner of the both.
Pls advice i still have goods in delhi and never moved them from there.
Waiting for the experts comments
rksoni
11 September 2011 at 13:32
400000/- is debited to Discount on purchases.the amt has been debited to Trading A/c and had reduced from total purchases.But the supplier has not claimed any credit for the same i.e.had paid all the vat according to our gross purchases.He had also forwarded the undertaking for not reversing the tax into his returns. But ,the vato is unsatisfied & had determined the tax,interest & penalty thereon.
In fact,the dealer has received the credit note after every quarter. It is also confirmed by the supplier that he had forwarded the credit note on A/c of Turnover discount and paying off the amt of said purchases before time i.e.cash discount.BUT,ONE ANOTHER PROBLEM IS THAT THE DISCOUNT HAS BEEN REDUCED FROM THE PURCHASES IN OUR BALANCE SHEET WHICH HAS ALREADY BEEN SUBMITTED TO CONCERN AUTHORITY.PL.ADVICE ME CAN WE CHALLENGE HIS ORDER AND IF POSSIBLE PL.GUIDE ME THE SUITABLE CITATIONS.BOTH THE SALER & BUYER ARE REGD DEALER FROM DELHI.THX.
Anonymous
10 September 2011 at 15:04
WE ARE PURCHASE THE RAW MATERILS FOR OUR MANUFACTURING PROCESS LOCALY IN WEST BENGAL THROUGH LOCAL TRANSPORTER. AT THE TIME OF ASSESSMENT UNDER VAT ACT THE CONCERNED OFFICER ARE DISALLOW THE CREDIT OF THE PURCHASE VAT (INPUT VAT) DUE TO NON AVAILABLE OF TRANSPORT DOCUMENTS LIKE CONSIGNEMENT NOTE. WE SUBMIT A SUBMISSION ALONG WITH THE TRANSPOTER'S BILL THAT DUE TO LOCAL PURCHASE WITHIN THE STATE THROUGH THE LOCAL LORRYWALA SO WE ARE NOT IN A POSITION TO SUBMIT THE CONSIGNMENT NOTE. WE PURCHASE THE MATRERIALS FROM THE PARTY CONCERN AS EX-WORKS BASIS. PLEASE HELP ME ALSO INDICATE THE CASE LAW IF ANY REGARDING THE MATTER THAT WITHOUT TRANSPORT DOCUMENTS THE INPUT VAT ARE NOT ALLOWED.
WITH REGARDS
AJOY
Anonymous
10 September 2011 at 14:51
WE ARE MANUFACURER OF C.I.CASTINGS OF DIFFERENT SIZE AND SHAPES. C. I. SCRAP GENERATED IN THE PROCESS IS CAPTIVELY CONSUMED BY US BY ISSUEING ISSUE SLIPS. IS IT THE RIGHT PROCESS. PLEASE HELP. WHERE AS OUR EXCISE DEPARTMENT DEMAND ISSUE OF INVOICES AT THE TIME OF ISSUE OF C.I.SCRAP WHICH IS GENERATED AT THE TIME OF PROCESSING. ALSO THEY CHARGED THE DUTY AMOUNT ALONGWITH INTEREST ON US ON THE QUANTITY OF SCRAP USE BY US IN THE YEAR 2008/2009 AND 2010. IF THERE IS ANY CASE LAW REGARDING THIS MATTER PLEASE INFROM ME.
WITH REGARDS
AJOY
Anonymous
30 August 2011 at 17:49
QUERY FOR OPINION
FACTS
1. The company is a SSI unit in Rajasthan, manufacturing marble slabs (which is excisable at INR 30 per square meter) and availing exemption under SSI on grounds of turnover being below INR 1.50 crores (the “Company”) .The Company is not registered under central excise as it is exempt. The Company has a Bombay office which trades in marble slabs and has a high turnover, but it is purely trading.
2. For year 2008-2009, the total turnover of the Company’s manufacturing unit was INR 1.34 crores.
3. In year 2009-2010, the Company was allotted license to import marble blocks which the Company imported. But, instead of getting the raw material to the Company’s manufacturing unit, the Company got it processed on job-work basis in Silvassa from other manufacturers and the job-worker duly paid excise on such goods removed. The Company was entitled to receive CENVAT credit but did not claim any credits as it was not registered. We are counting this as a trading activity of the Company’s Rajasthan unit and not manufacturing activity and are not counting this turnover (approximately INR 5 crores) for basic exemption limit of INR 1.5 crore.
4. For the year 2009-2010, the situation for the Company was:
Manufacturing turnover at factory : INR 40 lacs
Trading turnover at Silvassa : INR 8.25 crores
(We are counting the job-work turnover as trading turnover because the blocks have not gone to the factory of the Company at all and we have processed the goods outside in other factories and sold them also from outside, i.e. Silvassa.)
5. Similarly, for the year 2010-11, the situation for the Company turns out to be:
Manufacturing turnover at factory: INR 40 lacs
Trading turnover at Silvassa : INR 9.60 crores
QUERY
1. Will the trading turnover be counted as manufacturing turnover for the purpose of calculating excise exemption limit of INR 1.5 crores and also for the registration limit of INR 4 crores, or given the facts above we can still continue to enjoy exemption under SSI registration because the manufacturing turnover is below INR 1.5 crores?
2. Director General of Foreign Trade (hereinafter referred to as the “DGFT”) related query: We are allotted license on actual user condition to import marble blocks and sell them after processing. We are of the view that as per DHFT law under actual user condition, it is not compulsory for the importer to process goods in its own factory only, but the importer can also get it processed on job-work basis from other manufacturers and then sell the finished goods. By doing so yhe importer complies with actual user condition . Is our view correct and legally tenable? Such sale i.e sale done on jobwork basis outside the unit has been counted by us as manufacturing turnover for the purpose of license allocation in DGFT only , but for excise purposes as per provisions of excise it has been taken as trading turnover because of the facts mentioned above. Although the Company is exempt, it has paid excise on all the goods processed at Silvassa because we do not consider it as part of manufacturing activity and so the jobworker paid excise then we sold the goods and count it as a trading activity. Is this legally coorrect?
Also, in this regard please note that the concerned government department has verbally conveyed to us that since the marble blocks were imported by us, then processed in the job-workers’ factory and then sold, they will not come under the purview of trading activity as the form of raw material has changed from blocks to slabs. Is this a legally tenable objection? Our view is that even if the form has changed, it does not amount to manufacturing activity of the unit, as the activity is taking place totally outside the Company’s factory. Is this view correct and legally tenable?
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Central excise
My client has an SSI unit who were were under Central Exise for whom 1.5 cr is exempted every year (not crossed 4 cr in any previous year)
During FY 10-11 they had opted for Central excise payment from 1st of April itself and paid duties till july. During Aug this unit shifted their premises to new location which comes in different range and commissionerate in same city. Before shifting they have surrendered the license.
After shifting to new unit they have not gone for execise regn immdlty and not charged duties in their bills from Aug to Nov. They have taken new license when total company turnover neared 1.5 cr (including 50 laksh done in previous premises)
My queries are:
- is there any issue because they have not taken new license in new premises immdlty and not started paying duty immdlty.
- Are they now liable for duty payment during the period they have not registered or not charged to customers.(Aug to nOv revenue in new premises)
- if they are liable to pay - can they charge this to customers to customer through debit note and can customers take cenvat credit based on this debit note. (they were not having registration during the period of this billing in new premises)
- Is there any provision for a company if they wish to surrender the license in middle of the year and re-start again?
- is there any case laws on this