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Interest rate for non submission of c-form

Monica Balu Kharde (Senior Accountant) (79 Points)

30 January 2016

One of my client made CST sales @ 2% in the year 12-13 & 13-14. Some of the parties fail to give C-forms. Sales are made outside Maharashtra & VAT applicability rate is 12.5%. Can anyone tell me how can i calculate Interest for that balance 10.5% liability.?

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11 Replies

Venkateswar Reddy (Audit Assistant) (195 Points)
Replied 30 January 2016

whatever Normal interest rates applicable for VAT payble ( In Karnataka interest rate is 18%PA) is applicable for differencial payment ( in your case diiference of 10.5%) also.

Delay period will be calculated from the date on which actual CST @ 2% payble to the date of payment of difference amount.

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Deepak Tapse (Accounts Manager - Taxation) (1771 Points)
Replied 30 January 2016

In maharashtra 15% (1.25% pm) is applicable

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Sheela (Manager -Accounts) (51 Points)
Replied 31 January 2016

In my opinion, for non-receipt of C-Forms, though higher rate is levied, one need not pay any interest, provided it is proved through invoices, the sale took place originally against the declaration form.

Prabhakar (practicing chartered accountant) (91 Points)
Replied 31 January 2016

Sheela' I agree to your opinion

Prabhakar (practicing chartered accountant) (91 Points)
Replied 31 January 2016

Sheela' I agree to your opinion

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Rohit Jain (Article) (56 Points)
Replied 01 February 2016

Kindly give reference of case law or section in which it is mentioned that int. Not charged.

Sheela (Manager -Accounts) (51 Points)
Replied 01 February 2016

Dear Rohit, kindly note that nowhere in CST Act, there is a provision to levy interest on a demand that arises out of non-submission of C-Form, though the interest is levied on belated payment of tax. This does not require a case law to cite. The Maharashtra assessing officer, it appears, has failed to understand the basics of occasion to levy interest.

Rohit Jain (Article) (56 Points)
Replied 02 February 2016

But my friend sheela, If u r not submitting c form that means u have to pay tax on differential amount. And on such differential tax amount interest should be charged. Otherwise everyone first show in CST return that c form is to be received and at the time of assessment , pay full tax without interest..

Sheela (Manager -Accounts) (51 Points)
Replied 03 February 2016

It may kindly be noted, in case, the assessing officer doubts the transaction, he can call for the invoices on the sale that took place originally against the declaration form and even proof of movement of goods. So it is not that easy to cheat an act.

Jigar Patel (Owner) (35 Points)
Replied 07 April 2022

I am Jigar from Q-Zora consultancy(Morbi-Gujarat), we are providing solutions to old VAT's pending C-Forms problems.

If your buyer/client's buyers do not give a CST form(C-Form and H-Form) or buyers closed their firm/company and you are not able to collect pending forms from this buyers, we help you to collect CST forms of this types of buyers, you also know that in this case the government takes very high penalties and interest, please contact us before paying interest and penalty, maybe we will help you.