C form issued for March supplies in next FY (I) quarterpril

[Abdul Razack Basha]

Dear Sir,

We have raised Invoice on 29th & 30th March 2013 and supplied goods to our customer. But they have received goods on 2nd April 2014 (Next Financial Year) and they have issued C form also in the First Quarter of Next Financial year of 2013-14 mingled with April, May and June supplies.

So we cant not able to submit the single original C form  for the year 2012-13 and 2013-14, we asked our customer and they said that we  cant issue separate C form for the year 2012-13 based on the invoice accounted in the next FY of 2013-14.

Please clarify this issue immediately.

Regards

Abdul Razack.

[Tarun Agarwalla]

Dear Mr Razak

please note that the C form provisions under CST required that the transactions must be declared and that too quarterly. one to one co- relation is not required. even though you see in the C form you will not find any period is being mentioned in it.

it is evident that the problem may arises in your case as your sales for the 4th quarter may remain not fully cover by the respective C form where as the 1st quarter C form may cover more transactions which you in fact sold during earlier tax period.

further the Entry of transit pass / utilization date at the border of the state along with GRN date if delivered to GTA is also very relevant.

thanking you

CA. Tarun Agarwalla

[Abdul Razack Basha]

Thank you for your valuable advise.

I need more clarifications that C Form (Two years Invoices are mingled in Single form) is acceptable by the assessing authority or not as per rule of CST because Assessment year is different.  Please advise because we want to fight with our customer to get separate C form.

Thanks & Regards

Abdul Razack B

 

[YAGAY andSUN]

Dear Abdul,

Please check fourth proviso of the Rule 12(1) of theTheCentral Sales Tax (Registration And Turnover) Rules, 1957in reply to your query.  For your ready reference we are appending the same and it marked in Yellow colour.

The Central Sales Tax (Registration And Turnover) Rules, 1957

12. (1) The declaration and the certificate referred to in subsection (4) of Section 8 shall be in form 'C' and 'D' respectively:      1[Provided that Form C in force before the commencement of the Central Sales Tax (Registration and Turnover) (Amendment). Rules, 1974, or before the commencement of the Central Sales Tax (Registration and Turnover) (Amendment) Rules, 1976, may also be used up to 31st December (1980), with suitable modifications.]      2[***]      3[Providedfurther that a single declaration may cover all transactions of sale, which take place in a quarter of a financial year between the same two dealers.      Provided also that where, in the case of any transaction of sale, the delivery of goods is spread over to different financial years it shall be necessary to furnish a separate declaration or certificate in respect of goods so delivered in each financial year.] In case you need any clarification in this regard.  Please do contact us.  We remain. Team YAGAY & SUN (Management & Indirect Tax Consultants)

AI Summary

Separate declaration requirement: C form must be furnished for goods delivered in different financial years, not a single mixed form. Where delivery of goods is spread over different financial years it is necessary to furnish a separate declaration or certificate in respect of goods delivered in each financial year; a single declaration may otherwise cover all sales in a quarter between the same two dealers. Quarterly filing, transit pass/utilization date and GRN date are relevant to determine the period of delivery.