Tn vat credit against sales by party in mh
Sandesh
(Querist) 17 February 2012
This query is : Resolved
Dear Sir/Madam,
My client registered for VAT in Maharashtra has a customer in Tamilnadu to whom he had supplied material by purchasing in Tamilnadu itself. Thus the vendor had charged local TNVAT in the bills. My client while raising bills on his customer has billed an amount inclusive of taxes as he is not registered in Tamilnadu.
The sales tax consultant has advised to pay Maharashtra VAT on the said sales.
I do not think this treatment as correct. As per consultant's contention no C-form is collected so there cannot be CST and hence MVAT has to be charged. Also the client will have to loose on TNVAT credit.
As per what I found out my client should register with Tamilnadu. But the consultant says registration should be before the sales were effected or when sales exceeded the limit for registration as per TNVAT laws. But he cannot register after the sales are effected and claim TNVAT credit.
These transactions were effected in Oct, Nov and Dec 2011.
Please provide a remedy on the same, so that my client does not loose the TNVAT credit?
Regards,
Sandesh.
R.V.RAO
(Expert) 03 February 2014
more than 2 year old sales .vat and localsales tax returns might have been already filed by parties.
unless,sales tax assessments are still pending , cannot revive refiling.
back dated registration is not possible in matters of vat/sales tax.
for the time being ,go by what consultant says.for future opt for TNvat regn.
