CONSIGNMENT SALE
SUBHASH SHARMA
(Querist) 18 August 2010
This query is : Open
ONE OF MY CLINET AB LIMITED WHO IS DEALING WITH TRADING OF GENSET HAVING FACTOR CUM OFFICE AT SAHIBABAD, UP. THE DG SET WAS DESPATCHED IN 1990-1991 BY THIRD PARTY “HIND LTD” WEST BANGAL SINCE IT WAS CONSIGNMENT SALE. WHILE TRANSPORING THE DG SET FROM THIRD PARTY WHEN IT WAS ENTERED IN UP. MOHAND NAGAR CHECK POST DETAINED THE CONSIGNMENT ON THE BASIS THAT THE DRIVER DID NOT SHOW THE CONSIGNMENT NOTE TO THE CHECK POST AUTHORITY.
AB LTD ALREADY RECD THE PAYMENT OF THE SAME D.G. SET IN THE YEAR OF 1989-90 BY RAISING PROFORMA INVOICE AND C-FORM WAS ALSO GIVEN BY THE NTPC INCLUDING OF THIS TRANSACTION IN THE YEAR 1989-90.
SINCE AB LTD RECD C-FORM IN THE YEAR 1989-90 SHOWN THIS TRANSACTION IN THE YEAR 1989-90 AND GOT THE ASSESSMENT DONE BY SHOWING THIS TRANSACTION AS SIT SALE.
AS CHECK POST CASE OF 1990-1991 WAS STILL ALIVE AND MOHAN NAGAR CHECK POST TREATED THIS TRANSACTION AS LOCAL SALE IN THE YEAR 1990-1991.
AB LTD FILED AN APPEAL WITH ADDNL COMMISSIONER AND LATER ON TRABUNAL, GHZAIABD AND TRIBUNAL ORDERED TO TREAT THIS TRANSACTION IN THE YEAR 1990-1991.
NOW C-FORM FOR THIS PARTICULAR TRANSACTION IS BEING DEMANDED BY THE SALES TAX AUTHORITY FO THE YEAR 1990-1991 WHILE AB LTD HAS ALREADY DEPOSITED THE C-FORM TO THE ASSESSING AUTHORITY AT THE TIME OF ASSESSMENT.
CAN C-FORM FOR THE YEAR 1990-1991 BE ISSUED FOR THIS PARTICULAR TRANSACTION.
NTPC HAS ALSO COMPLETED THE ASSESSMENT OF 1989-90 AND 1990-91.
KINDLY ADVISE.
REGARS
SUBHAHS SHARMA
ADVOCATE
