Cst claims query for 100% eou

This query is : Resolved

Ganeshbabu K (Querist)
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04 May 2013
Here company filed CST claim application to DC for the quarter April 2012-June 2012.
But there are following cases for which company not claimed CST claim in it's application to DC.They are,
1)there are cases that company has not received invoices from its suppliers for the respective quarter even though goods received and payment also made on goods received.
2)there are cases that company has paid 100% advance to supplier but goods not received.
Please suggest in this case.

So please suggest me whether company can claim CST on above said cases in next quarter..

Please reply as early as possible

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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04 May 2013 Mr Ganeshbabu
Both the transactions are not supported by proper documents. Hence no claim can be made.After receiving relevant documents,if time permits, you may do it.....mjk

Ganeshbabu K

Ganeshbabu K (Querist)
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04 May 2013 Thank you for your prompt reply..

Sir, please let me know

if company received relevant documents after the due date to claim for the respective quarter(for ex.jan-march can be claimed with in 6 months ,i.e., sep 30 is due date)
like this if company received relevant documents after this due date can the company go for CST claim for that pending invoices now,..

if we can claim that amount now how we have to claim for that amount..

whether we can include that claim with next quarter claim or we have to claim that amount as seperate claim or we have to revise the claim which we have claimed already..

Please give me ur opinion with some provisions so that i can guide my clients..

Thank you in advance for your reply,..

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Ganeshbabu K

Ganeshbabu K (Querist)
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10 May 2013 pLEASE PROVIDE REPLY..IN THIS REGARD AND LET ME KNOW ANY REFERENCES LINK TO CONFIRM THE SAME

CA UMESHKUMAR R. ACHARYA

CA UMESHKUMAR R. ACHARYA (Expert)
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11 May 2013
If time permits under respective state sales tax laws, you may revise the return and claim otherwise rectify the error while
filing annual return.

Ideally payment should not be made for
purchase without Bill and other documents unless supplier is in a dominating position.

Ganeshbabu K

Ganeshbabu K (Querist)
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11 May 2013 Thank you very much for your reply..
But for your information.

my query is on cst claim re-imbusrsement application in cases of 100% EOU

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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11 May 2013 If it is in Karnataka,you can revise your return within one month in the normal course and within six months after obtaining permission fromthe LVO(Sec 35(4).If the invoice is issued on a later date you can account it as per the date of the invoice and include it in that month claim.Suppose the goods are supplie to you without invoice on 10Jan 13,and receive the invoice on 10th May2013,with that date,you account it in May and claim in the month of May.While filing a final return also some adjustments can be done,with necessary explanations for the differences that appear between the monthly and annual return.A seller is also supposed to issue an invoice immediately after the sale. However,if he agrees to give an invoice for a past transaction,let it be on the issuing date for avoiding problems for both of you....mjk

Ganeshbabu K

Ganeshbabu K (Querist)
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11 May 2013 it is not with lvo

sir my question issue in claiming for cst re-imbursemnet in case of 100% EOU..

so let me know if we already filed application with development commisioner for cst re-imbursement after that we have received some more invoices related to the quarter which we we have already filed application with development commisioner,

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C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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14 June 2013 I agree with the experts.

Ganeshbabu K

Ganeshbabu K (Querist)
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14 June 2013 @agarwal sir..

So do u agree that we can get cst re-imbursements..

even we clubbed previous quarter invoices cst paid also..in an application made to DEVELOPMENT COMMISSIONER.

Thanks & regards
Ganeshbabu k