CST Notification 588 (E) dt.16.09.2005, VAT + CST

[Rangarajan D V]

Wtih the quarterly issue of C forms made mandatory w.e.f. Oct-2005, most of the dealers are facing problem is obtaining C form from buying dealers based on invoice date. Due to transportation of goods from South to North or North to South, obviously it gets into the next quarter of the same Financial year or the next financial year. 

The buying dealers submit forms based on receipt of goods, and including the sale bills in the next quarter or next financial year. This causes problem in assessment of the selling dealer and the assessing authority imposes higher rate of tax stating that a "Single C form should not cover invoices of more than one Quarter" and accordingly completes the assessment.

Though a third proviso to Rule 12(1) clearly states “Provided also that where, in the case of any transaction of sale, the delivery, of goods is spread over to different quarters in a financial year or of different financial years, it shall be necessary to furnish a separate declaration or certificate in respect of goods delivered in each quarter of a financial year”, the buying dealers take a different view and refuse to correct the form based on the invoice date and include the same in the relevant quarter form. 

Can some clarification on how this is been addressed in other States or any clarification from State Sales tax authorities been published for public interest, to avoid litigation.  Please clarify.

Thank you, Best Regards

Posts / Replies

[Pradeep Khatri]

Please check the appended article (Written by Mr. Amit Bajaj, Advocate) : -

Many a times I have received a query from different parts of the country that what is the crucial date of sale to be taken while issuing of C forms under CST Act, 1956 i.e whether date of invoice or the date on which goods are received by the purchasing dealer?

C form is a form for the concessional rate of CST on the inter-state sale of goods and is issued by purchasing dealer in one State to the selling dealer in another State for the inter-state sales transactions done during the period of three months i.e a quarter.

Crucial date of sale becomes more so important when sale invoice in inter-state transaction is issued on the last date of quarter but the goods are actually received by the purchaser in the next quarter.

The ussual practice among all the dealers is that seller books his sale in his books of account on the date when invoice is issued, whereas, the purchaser books same purchase of goods in his books of account on the date when he actually receives such goods.

In such case it is obvious for the purchaser to issue C form according to the date on which he received the goods as on such date he enters such purchase into his books of account.

For example if ‘A’ in Delhi issues a sale invoice and dispatches goods to ‘B’ in Punjab on 31st March and books his sale on 31st March itself, but B receives the same goods on 1st April and books his purchase on 1st April, then in such case B will issue C form for such purchase in the quarter April-June (more so in such States where ‘C’ forms are generated online according to the returns uploaded), whereas ‘A’ would require C form of the same transaction in the quarter Jan-March.

In such cases the question is what is the correct date of inter-state sale for the purpose of issuance of C form. The simple answer to this question is that C form is to be issued after the sale transaction is completed. Sale of goods gets completed when transfer of property in goods takes place.

Section 19 of the Sale of Goods Act provides: “Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.”

Therefore the crucial date for the issuance of C form will be the date on which transfer of property in goods takes place i.e when the title of goods gets transferred in the favour of purchaser i.e when the sales gets completed. When the transfer of property in goods takes place is a question of fact depending upon the terms of the contract and intentions of the parties.

In Kuppuswami Mudaliar & Sons vs. State of Madras (1974) 34 STC 6 (Mad.) the assessee(seller) had dispatched the goods to the purchasing dealer on 26th March, 1964, and 28th March, 1964; but the goods had actually been taken delivery of by the purchasing dealer by clearing the documents from the bank after payment of the sale price only after April 2, 1964.

At the time of dispatch of goods purchasing dealer was not registered, however when the purchasing dealer got the delivery of goods after clearing the payment to the bank, he became a registered dealer and thereby he issued C form to the seller.

C forms were not accepted on the ground that sale took place at the time of dispatch of goods and at that time purchasing dealer was not a registered dealer, hence concessional rate of CST cannot be claimed.

The question was, as to when the sales can be said to have been completed. The Tribunal took the view that the dates of dispatch of goods should be taken as the dates of sale.

However it was held by the Madras High Court that the date of sale should be taken to be the date when the property in the goods passed from the assessee to the purchasing dealers which was, when the purchasing dealers retired the railway receipts from the bank on payment of the sale price as till that time the assessee(seller) should be taken to have retained the right of disposal over the goods. As on the date of sale the purchasing dealers had registered themselves under the Act, the assessee was entitled to the concessional rate of tax.

Conclusion: From the above judgment it is clear that so long as the transfer of property in goods does not take place, the sale does not get completed. The crucial date when sale gets completed is the date when the title passes.

C form is to be issued only for a completed transaction of inter-state sale and therefore date for the purpose of issuing C form will be the date when sale gets completed.

When the transfer of property in goods takes place and consequently sale gets completed, is a question of fact and is to be decided on the basis of intentions of the parties and the terms of the contract.

[Rangarajan D V]

Thank you, Mr Pradeep for your quick reply.

Though I accept C form can be issued only for completed sale, I still feel that the date mentioned in the 'C' form always refers to the sale bill only, as nowhere in the C form there is a mention about the receipt date, because unless the buyer honours the sale, (could be due to non-delivery or rejected and returned) forms are not issued by him. 

As stated in the example in Mr Amit Bajaj's article, the seller would have disclosed the sale in the previous year, whereas C form are furnished for the next year, in which case, the assessing autority treat the sale as not covered by C form, though completed in the subsequent year, and charge higher rate of tax.  As you know, filing of C form is mandatory to claim concessional rate by the seller. How could it be proved when the buyer gives the C form on receipt basis, without any financial liability on the seller.  Please give your expert opinion.  Thanks, Regards

The logic is understood practically , but when it comes to levy of differential tax

 

[Pradeep Khatri]

This aspect pertaining to issuance of C form under CST Act, has very much, clarified under Third provision of Rule 12(1) CST Turnover and Registration Rules.  You would have to make understand your Customer in this regard.  Discuss with him this aspect of the Law.

[SATHEESH NAIR]

as long as the c form mentioned the bill no and date of the bills as annexure for the c form , and what ever the

c form date , the date mentioned in the annexure is only the date of sale and that can be considered. tks