Re: [aurangabad_ca] verification of vat return

Sunday, March 28, 2010 9:56 PM By Livemail

 

Dear Sir ,

Plz. refer to Sec.48(5) -

(5) For the removal of doubt it is hereby declared that, in no case the amount of set-off or refund on any purchase of goods shall exceed the amount of tax in respect of the same goods, actually paid, if any, under this Act or any earlier law, into the Government treasury except to the extent where purchase tax is payable by the claimant dealer on the purchase of the said goods effected by him:

The dept. can disallow the input credit & collect tax from purchasing dealer.

 Prashant P. Agale

The greatest barrier to success is the fear of failure



--- On Sat, 27/3/10, CA Ghanshyam Vaswani <ca.ghanshyamvaswani@gmail.com> wrote:

From: CA Ghanshyam Vaswani <ca.ghanshyamvaswani@gmail.com>
Subject: Re: [aurangabad_ca] verification of vat return
To: aurangabad_ca@yahoogroups.com
Date: Saturday, 27 March, 2010, 5:07 PM

 

Dear Atul,
 
As per Sec. 48 and Rule 52 of MVAT Act, the purchaser is entitles to claim set-off of tax paid by him to a registered dealer if he produces a proper tax invoice. It is not the responsibility of the purchaser to verify that whether the seller has paid the VAT collected from the purchaser or not. In case the seller has not paid VAT collected by him from the purchaser, then the sales tax department can't collect it from the purchaser.
 
Regards.

 
On 3/27/10, ATUL SHOLAPURE <atulsholapure@ yahoo.co. in> wrote:
 

dear colleauges please guide me in the following matter
 
as per vat law if the seller does not pay the VAT charged to purchaser
than the unpaid vat should be paid by the purchaser please clarify me as
how can we now weither the seller has paid the vat or not
 
For Eg.: a purchase in pune purchase some goods from mumbai the seller charges
him VAT @ 4% and gives him the proper Tax Invoice but during the vat audit if it is
seen that the mumbai seller has not deposited the tax collected from the purchaser
in this case can the sales tax department recovery the tax from the pune purchaser?
 
has the pune purchaser has taken the set off it will also we reversed
 
 
 
Please clarify
 
 
Regards
 
Atul
9890921672
 
 
 
 
 
 


atuls

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