Our company is in assessment, we have issued invoice on 30-06-2012 and dealer received goods on 03-07-2012 and issued c form of date 03-07-2012 instead of 30-06-2012 accordingly our VATO officer refused to accept it now is there any ruling or judgement by HC or SC to defend the same what should we do as officer refused to accept the C form. Please reply Thanks Saurabh
Sri. Suresh Chanda, IAS, Commissioner of Commercial Taxes.
Sub: CST Act 1956 – Acceptance of ‘C’ and ‘F’ forms covering more than one quarter or more than one month respectively- clarifications sought by the trade– Clarifications issued u/s. 77 of APVAT Act, 2005 read with Sec. 9 (2) of CST Act, 1956- Reg.
It is brought to the notice that other states are issuing ‘C’ and/ or ‘F’ Forms based on Quarter/ calendar month of receipt i.e. one ‘C’/ ‘F’ Form for all the goods received in a quarter/ calendar month irrespective of fact of dispatch date of such goods. Because of this, one quarter/ or calendar month ‘C’/ ‘F’ Form may contain deliveries of sales made in that quarter and also previous month; or stock transfers made in same month and also previous months respectively. As ‘C’ forms/ ‘F’ forms contains deliveries relating to more than one quarter/ stock transfer of more than one month respectively, assessing authorities are rejecting such ‘C’ forms/ ‘F’ Forms and levying VAT as if it is a sale not covered by valid statutory forms.
In this regard the relevant Rules under CST Act with regard to ‘C’ and ‘F’ forms are reiterated as under:
Regarding ‘C’ Form
Under Rule 12(1) of CST (R& T) Rules, the declaration and certificate referred to in Sub-Section (4) of Section 8 shall be in Form ‘C”” and two provisions under this are extracted and read as under:
“Provided that a single declaration may cover all transactions of Sale, which take place in a quarter of financial year between the same two dealers’
“ Provided also that, where, in the case of any transaction Sale, the delivery of goods is spread over to different quarters in a financial year or of different financial years, it shall be necessary to furnish a separate declarations or certificate in respect of goods delivered in each quarter of financial year’
As per this provision, the deliveries of goods made as interstate sales during one quarter of financial year shall be covered by one Form’ ‘C’. Sometimes it may happen that goods that are dispatched on the last days of a quarter are delivered in the next quarter and the receiver/ buyer of goods may take the date of receipt as criteria and issue one Form- ‘C’ for all goods received in that quarter, irrespective of date of dispatch of goods.
The primary objective of ‘C’ Form is to ensure that goods are dispatched to other States and same on accounted for by the dealer of other States. As long as this primary object is met, ‘C’ form can be accepted as valid. Accordingly it is clarified that Form-C can be accepted as valid relating to goods delivered in quarter, based on the date of dispatch or date of receipt of goods in other State or date of invoice or combination of all the three.
Regarding ‘ F’ Form
Under Rule 12 (5) of CST (R& T) Rules, the declaration referred to in Sub-Section 1 of Section 6-A in Form ‘F’ The first Proviso under this sub Rule reads as follows:-
“Provided that a single declaration may cover transfer of goods, by a dealer, to any other place of his business or to his agent or principal, as the case may be, effected during a period of one calendar month.”
As per this Proviso, F form has to be issued in respect of the transfers effected during one calendar month. In a situation where the goods are dispatched, say on last day of a month or a last day of the financial year, will be received in the other state in next month or even in next financial year. The question raised is under which month the F form has to be issued by recipient state for such goods? The Calendar month of dispatch of goods or Calendar month of receipt. As per Rule it should be Calendar month of dispatch. But States are issuing ‘F’ Forms based on receipt of goods.
Section 6A (1) of CST acts puts burden on dealer (Transferor) to prove that the movement of goods was not by reason of sale and for that purpose he may produce declaration (F Form) issued by other state. Section 6A (2) of CST Act says that if assessing authority is satisfied that no inter-state sale has been effected, he may, make order to that effect.
To resolve the practical difficulties being faced by trade, following clarification is issued to assessing authorities,
“ once assessing authority is satisfied that all goods dispatched has been accounted for in other state and transfer is not inter-state sale, he may accept F Form for calendar month either based on dispatch dates of goods or based on receipt date of goods in other State or combination of both”
The receipt of the circular instructions shall be acknowledged by return post.
Sd/- Suresh Chanda Commissioner of Commercial Taxes
To
All the Deputy Commissioners (CT)/ all the Assessing authorities in the State.
Copy to the Chairman, Trade and Commerce Committee, The Federation of Andhra Pradesh Chambers of Commerce, and Industry, Federation House, Red Hills, Hyderabad -500 004
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