14 August 2011
my client got a notice from the mp commercial tax department to pay 44 lakh tax (vat,cst& entry tax )due to given guarantee of his shop , but actually old ca of my client having copy of registry document of shop of client ,this registry document miss used by the ca ,and forged signature had done on the registry and used as a guarantee and registered a firm , this matter is 4 year old ............what can do in respect of mp vat tax as well what legal action can be initiated now. my client , he is very innocent and genuine person ..................... he also said me .....registered firm is also dummy firm .
15 August 2011
Mr.Vishnu, The MP commercial tax authorities are also at fault.While accepting a signature for a guarantee they should ensure that it is genuine(even ask the guarantor to appear and sign before them). Here this is not done.First you can proove before the authorities,if you can, that there is good difference between the your actual and the forged signatures.With the notice itself you can go to tax recovery court,establish the forgery and get the notice quashed.Action at administrative level is also possible,ie by approaching the concerned higher authorities.Lastly,a criminal complaint against your earlier ca and getting him convicted in court settles the matter.While the criminal proceedings are on you can get a stay order on the notice. MJK
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