31 January 2012
In 2009, we filed VAT 100 for December month. The then accountant calculated the tax paid the amount of liability and left the organisation. The new Accountant before filing the January VAT 100, verified the VAT100 returns and found some clerical mistakes in December VAT and found there is excess payment of Rs.384000/- for December month. He claimed excess amount in January and other subsequent months. But not filed revised VAT 100 for December. Now the AG audit people are penalising us. How to proceed now? please advise
31 January 2012
You could file the revise return for the month of December 2009 and regularize the claim. Should the officer refuse to accept the revised return, please take a written endorsement and file a appeal with the JCCT. You can rely on case of Penna Cements 67 KLJ 241, also reference may be drawn from Centum Industries Pvt Ltd. 2011 (71) KLJ (Karnataka Tri) ( DB), Federal Mogul Goetz (India) Ltd, 2011 (70) KLJ 321 Karnataka HC, Mehta engineers and developers.
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