Issuing C form is statutory obligation of buyer, can be enforced by a writ petition in the High Court

0 comments Monday, July 8, 2013

Many a times I receive queries on a common problem faced by many dealers all over India that what to do when the interstate purchaser of goods refuses or doesnot issue the requisite C forms after purchasing the goods at concessional rate of CST @ 2%.

The only solution many people feel is the filing of Civil suit for the recovery of such C forms or the balance tax along with the interest from the refusing buyer.


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CBDT's instructions on ractification applications u/s 154 of Income Tax Act

0 comments Friday, July 5, 2013
The CBDT has issued Instruction No. 03/2013 dated 05.07.2013 with regard to the the directive issued by the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273 on the procedure to be followed on the receipt and disposal of rectification applications filed u/s 154 of the Act. The CBDT has set out a detailed procedure on where applications should be received, the maintenance of registers and their disposal. 

As per these instructions it has been strictly directed to all the officers to dispose off the ractification applications u/s 154 within a period preferably of 2 months as prescribed in the citizen charter but not later than 6 months as prescribed u/s 154 of the Income tax Act, 1961.

Applications u/s 154 will also have to be given neccessarly an acknowledgement number and every application is to be filed in the Online Ractification Register. 
The CBDT has also issued Instruction No. 04/2013 dated 05.07.2013 with regard to the directive issued by the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273 that the demand should not be enforced in cases where no intimation u/s 143(1) was sent by the field authorities in respect of returns which were processed prior to 31.03.2010.  

 Hopefully these instructions will help in quick disposal of ractification applications u/s 154 of Income tax act, 1961.

 The instructions can be downloaded herebelow:

 CBDT Instructions

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Authority for advance ruling under State VAT Act cannot give clarifications under CST Act

0 comments Tuesday, July 2, 2013

Andhra Pradesh High court in Prathista Industries Limited vs Commercial tax Officer [2013] 61 VST 58 (AP) has held that Authority for advance ruling under State VAT Act cannot act as Authority for Advance Ruling under Central sales Tax Act, 1956.

The High Court held that provisions relating to the "Advance ruling" in State Act are not applicable to proceedings for assessment, reassessment, collection and enforcement of payment under CST Act, therefore authority for advance ruling constituted under State VAT Act cannot give clarifications as such authority under Central Saless Tax Act, 1956.
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