Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2018 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 890 - HC - VAT and Sales TaxFailure to furnish revised returns within specified time - Section 28 of DVAT Act - inability in Obtaining of F-Forms - Section 33 read with Section 86(9)(c) of the DVAT Act - Genuine transactions - inter-state inward branch transfers - Held that:- Section 86(9)(c) facially suggests that if some particulars which should have been disclosed in the return are not disclosed, the tax payer is liable by way of penalty `200 per day from the date falling the due date until the failure is rectified - Undoubtedly, while F-Forms relate to the stock available with the dealer, which the petitioner does not dispute was in its knowledge, nevertheless in argument, it is not disputed that the transactions claimed for which examination is sought are not genuine. No doubt, the petitioner might have been aware but its case is that the incorrect particulars were reflected in the final return files. The respondent is directed to issue the concerned F-Forms pertaining to the transactions undertaken by the petitioner in the concerned quarter of Financial Year 2012-13 within four weeks from today - petition allowed.
|