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Showing posts with label C FORMS. Show all posts
Showing posts with label C FORMS. Show all posts

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

Held by Supreme Court in Delhi Automobiles (P) Ltd. (1997) 104 STC 75 that where sufficient compliance with the provisions of Rule 12(3) has taken place, C forms should be Issued

Quoted in Amba Shakti Ispat Ltd. 51 PHT 408, 410(HP TT)