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Krishnendu Ghosh (Consultant)     23 April 2018

Form f and damaged stock

Goods has been transferred from West Bengal to bihar and Form F have been received properly. But some goods have been damaged, found when the transport car reached to the Depot. Please note that this is the relating to the period 14-15. Now at the time of assessment, assessing officer disagree and treated these damaged goods as sale. According to him we are suppressing sale, for these damaged goods we should not have the Form F. Kindly help me by giving your opinion


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 4 Replies

R.Ramachandran (Advocate)     23 April 2018

Have you reported about the receipt of damaged goods to the supplier then and there?  Have you got documentary proof for the same?  If not why not?

 

Krishnendu Ghosh (Consultant)     23 April 2018

Yes, we notified the same in our branch office, from where that stock came and we write off that stock from our ERP. We have all mails as documentary evidence. Also we claimed to the insurance comapny about that loss and got compensation from them by way of cheque. All documents relating to insurance, we have. 

Kindly suggest.

R.Ramachandran (Advocate)     23 April 2018

If that be the case, then it can be proved beyond doubt that there was no Sale (as doubted by the Authorities) and it was only transfer of goods between branch of the same organization.

If in spite of such documentary proof, the Authorities do not agree, then you have no other option than to file an appeal against such action of the Authorities.

Krishnendu Ghosh (Consultant)     23 April 2018

Yes. we have decided to go for an appeal. Please share, if you have any case laws and judgement, relating to this.


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