C form issued on Commercial Invoice instead of Excise Invoices, VAT + CST

[Naga Aravind]

Dear Sir,

one of the client had issued the C form referring to the Commercial Invoice (Consolidated of Excise invoice during the month) instead of referring the Excise invoices during the said month. can the VAT authorities will accept the same as we had declared the Excise invoices in the VAT Returns and the client had issued the C Form on the commercial invoice.

is there any relevent judgements in support of the above case, to substantiate that the C form issued by the client is for the same excise invoices pertaining to the respective month.

Posts / Replies

[Pradeep Khatri]

Dear Aravind,

No issues, you can present reconciliation of Commercial Invoice with Excise Invoice at the time of VAT Audit or Assessment conducted by the Department. However, C forms are required to be issued on quarterly basis.

Regards

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

[Naga Aravind]

Dear Pradeep ji,

thanks a lot for your clarification, further, in case the transaction is Sale in transit, then we need to collect the E1 forms from the department as per the information declared by us ie. on Excise invoices or on Commercial invoice against which the Client had issued C Form on Commercial Invoice basiss.

Further, pease refer any decided case in this regards, such that i can refer to the concerned.

thanks

Aravind

[Pradeep Khatri]

Dear Aravind,

We have searched for judgments but could not find the same. If you could send us the relevant documents, then, surely we would be able to help you out in this matter. Also provide the the details of this transaction that how it was executed.

In case, you need our services, please do contact us on the number which is mentioned in our profile page on this website.

Regards

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

[JSW SEVERFIELD STRUCTURES LIMITED]

sir,

kindly advise can we issue the E1 forms on the base of C Form issued by the client with a supporting reconciliation statement duly enclosed with the said C form.

[Pradeep Khatri]

Hi,

Please see our previous reply wherein we had requested for sample documents for the purpose of have a look that how this transaction was executed and statutory forms were issue. But no revert till then.

The catch in this matter is that issued statutory form should not carry the under value vis a vis to the value as mentioned on the invoice and commercial invoice.

However, form E-1 may be issued but at the time of assessment one to one correlation and reconciliation would be essence of this transaction and exchange of statutory forms. We are opining this totally on the basis of our practical experience on this matter, as there is no such solution mentioned in the "Tax Books".

Further, to finalize our opinion in this matter, still, we will be in requirement to have a looks on the sample documents/statutory forms. You may contact us via e-mail or through phone, if you intent to avail our services.

Regards,

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)