Action Points for Deletion of Cumulative Sales Tax Demand For Various Years

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VAT Demand: ` 32.28 Crores

Demand ` (in crores)	Ground for disallowance / addition	Suggested Solution ( Action Points)
30.86	Disallowed for non-submission of Purchase bills	Purchase bills files year wise will be submitting to the department (JCST (Appeal) Parel with necessary details.
1.42	Addition for sales of Scrap, warranty, DEPB license and fixed assets.	AO has raised VAT on all Miscellaneous Income whereas scrap sale has already been considered in VAT return & there is no VAT on warranty .  On fixed assets sale vat has been levied by AO on Gross block without considering Depreciation  & profit/loss on sale of fixed assets  which is incorrect.  Therefore it can be deleted if properly explained to AO by Authorised representative.

 

  

CST Demand: ` 35.27 Crores

Demand  (` ) (in crores)	Ground  for disallowance / addition	Suggested Solution ( Action Points)
` 7.29	Non submission of Direct Export documents	1.      ` 3.57 Export documents available will be submitted to the department. 2.      ` 2.51 Crores Export documents are not available. 1.     Get the copy of Bill of lading from CHA agents 2.    We can get Export details certified from Customs department regarding shipment of goods  Alternatively,  Commercial invoices duly certified by excise officer can be submitted if accepted by AO
` 25.21	Non submission of C, H, F forms	1.    `. 11.51 Crores Forms has not been received yet. 1.     Follow up for the forms not yet received a)     Forms are to be received from MRF, Mr Sachin Jain says that he does not have hands to look into details regarding Forms. 2. `. 7.81 Crores Forms has been received but destroyed in fire.  a)      We should get NOC* from Palghar & then forward it to concern parties to issue duplicate forms destroyed in fire.   NOC pending in Palghar because following compliance to be submitted: for non payment of Employee  P Tax ( `. 39.22 L) and VAT and CST (`. 2.52 CRores) 3.  `. 1.72 Crores Forms has been received & submitted to Department. a)     No action required.
` 1.70	AO charged 12.50 % Tax on Tax amount instead of 4 %	AO has tentatively raised VAT at maximum rate without any basis .It can be deleted if properly explained to AO.
` 1.04	Addition for sales of Scrap, warranty, DEPB license and fixed assets.	AO has raised VAT on all Miscellaneous Income whereas scrap sale has already been considered in VAT return & there is no VAT on warranty .  On fixed assets sale vat has been levied by AO on Gross block without considering Depreciation  & profit/loss on sale of fixed assets  which is incorrect.  Therefore it can be deleted if properly explained to AO by Authorised representative.

 

 

*NOC for Forms lost in fire:

Form collected has been lost in fire, shall have to be collected from the department of respective state for which we have to obtain NOC from Palghar:

NOC pending in Palghar because following compliance to be submitted: for non payment of Employee  P Tax ( `. 39.22 L) and VAT and CST (`. 2.52 CRores)

Details to be provided to the department:

1- Employee Professional tax liability to be cleared till date.

 

Outstanding till Date: ` 39.22 lacs

 

2-Submission of Employer Professional tax Certificate and all yearly payment cleared till date.

 

As per department payment due since 2010. EPEC not available with us, department will issue duplicate ` 9000/- to be paid to the department.( Payable @  7500/-per Year)

 

3- VAT & CST liability cleared till date with payment challan

 

Outstanding till date: ` 2.52 Crores

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