Pvt ltd co. has closed down business and we need statement.

Mahavat 610 views 1 replies

In FY 07-08 we have shown purchases from M/s XYZ pvt ltd ,thane, maharashtra of Rs.2 cr  and xyz pvt ltd has closed down business and 25 offices all over india on 30th september 2011. no employee there ,no phone and no responses to emails. other companies have occupied the offices there. For the same period of 07-08 we have to take refund of rs 6 lacs from maharashtra vat department and now dept is insisting on 07-08 statement of xyz to process refund .Moreover they say that some problem in xys's vat return of 07-08 and so vat credit for all 2cr purchases will be disallowed amounting to 10 lacs( @ 5%) .. so after adjusting refund of 6lacs  they will be issuing demand of rs4 lacs from us.sales tax department officials couldmt trace this company after repeated attempts.registrar of companies hsows one email id and defunct phone number.. mails are not replied when sent to that email id .

also in 07-08 MVAT was not computerised i think and dept says they do not have invoice wise details of xyz and so how can they be sure that all my purchases  with that company are correct?

my question is that is my company at fault if the supplier does not submit proper return ? we have made all cheque payments to that company and have all proper tax invoices. is it that the officer wants his hands to be greased to issue us refund of 6 lacs?

please suggest what to do ASAP

Replies (1)

SALES TAX ARE INDIRECT TAXES, TAXES ARE  COLLECTED FROM CUSTOMERS BY THE REGISTERED DEALERS AND THE SAME ARE REMITTED TO THE GOVERNMENT TREASURY ,ON BASIS OF THE SAME THE GOVERNMENT WILL ALLOW CREDIT OR REFUNDS .

A DEALER WHEN HE PURCHASES ANY GOODS FROM ANY OTHER REGISTERED DEALER ,IF OTHER DEALER DOESNOT PAY THE SAID COLLECTED TAXES TO THE GOVERNMENT ,AFTER ANY VERIFICATION OR INVESTIGATION FOUND THAT THE DEALER IS NOT GENUINE THEN THE ASSESSING AUTHORITY IN THE INTEREST OF AVAILABLE LAW AND TO SAFE GUARD GOVERNMENT TREASURY HE CAN ASSESS THE RELATED PURCHASING DEALERS /SUPPLIERS OR INVESTIGATE THE SAME AGAINST THE CRIMINAL INTENTIONS OF THE SAID DEALERS TO EVADE TAXES OR TO MISLEAD ASSESSING AUTHORITIES AND TAKE OPPURTUNITY.

NO DEALER SHOULD SHOULD NOT TAKE WRONG ADVANTAGE OF AVAILABLE LAWS ,THEY SHOULD STRICTLY BIND TO THE RULES AND REGULATIONS 


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