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Tuesday 28 July 2015

Duplicate C forms request can not be rejected on account of delay .

In case of Amba Shakti Ispat Ltd. 51 PHT 408(HP TT) while dealing with issue of duplicate C forms, Tribunal held that request for duplicate C forms can not be rejected merely on the ground that application is made with delay of 3 to 5 years from date of transactions. C forms are required usually only at the time of assessment of selling dealer. The Court also made following observations:
a) Genuiness of transactions can be verified from entry at the barrier.
b) There is no PAN Indian Computer Network of verification of Statutory forms and verification is done through inquiry or correspondence.

c) Factor to be considered is genuiness of transaction and not the factor of delay in applying for C forms as the need arises at the time of assessment

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