Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2015 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 1150 - HC - VAT and Sales TaxRe-opening of reassessment proceedings - C-Forms - The stand of the State that the petitioner firm was assessed at the rate of 2% as the petitioner firm submitted C-Form(s) in respect of interstate sale of crude soya oil, but after verification from the concerned State it was found that number of C-Forms were not issued in favor of the petitioner purchaser or the C-Form found to be not genuine and, therefore, reassessment was done and the petitioner has been assessed @ of 5% along with three times penalty of the tax. Held that: - It is the duty of the petitioner to prove the bonafides on his part that he took all necessary steps to prove the validity of the C-Forms received from the purchaser. The connivance of the petitioner is clear from the act that no specific document has been annexed or has been submitted during the reassessment proceeding stating that he has inquired from the purchaser about the validity of the C-Form. As per original record, here is a huge scam in respect of C-Form submitted by the company like petitioner and similarly other situated companies who are in the business of crude soya oil, cotton seed oil and doing refinery business and due to bogus Forms / non-verified C-Form, the State of Madhya Pradesh suffered a loss of more than ₹ 200 crores. The fact that number of C-Forms were found fake as the same were not issued by the concerned department and rest of the C-Forms were not verified on the basis of verification report, we are of the view that no case to interfere with the order of reassessment and penalty, as prayed is made out - petition dismissed - decided against petitioner.
|