02 March 2010
A Co. didn't received Form H and during Gujarat VAT assessment, authorities demanded differential VAT + Interest and penalty thereon.
B Co. received Form H but enclosed Bills of Lading showing export after 6 months of Sale-Purchase Transaction. During Gujarat VAT assessment, the authorities rejected all such forms stating export not done within 6 months from sale-purchase transaction hence demanded differential VAT + Interest and penalty thereon.
Please give opinion about validity of assesssing authority's demand within light of CST and Guj VAT laws.