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No.VAT/AST-1006/65/Adm-3
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Trade
Cir. No. 11 T of 2007 |
Mumbai,
Dt.07.02.2007 |
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| Sub: |
Disturbance caused by unprecedented floods. |
| Ref :
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Trade circular No.30T of 2005 dated 23.9.2005.
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Trade circular No.36T of 2006 dated 28.11.2006.
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Gentlemen /Sir /Madam,
It may be recalled that the Trade Circulars 30T of 2005 dated 23.9.2005 and 36T
of 28.11.2006 were issued on abovementioned subject. Certain reliefs were
granted to the dealers as regards the production of books of accounts and other
supporting evidence destroyed in the floods. Queries have been received
regarding the import of ‘para 2’ of the Trade circular No.36T of 2006 dated
28.11.2006 where the circular states that purchase details such as name,
address, R.C. No. etc or transaction details are required to be submitted. The
dealers may not be in a position to produce details of not only the books of
accounts but supporting evidence also was destroyed in the flood.
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It is now
clarified that while finalizing the assessment of such dealers, claims against
statutory declarations should be allowed by best judgment assessment by taking
the average of the disallowances made in the assessment in the earlier three
years of the respective dealers. In case of a dealer who has been registered
for less than three years, the average annual disallowances of the preceding
years be considered. In case of dealers who are newly registered, the
assessment may be done on the basis of the returns filed.
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This
circular cannot be made use of for legal interpretation of provisions of law
as it is clarificatory in nature. If any member of the trade has any doubt,
he may refer the matter to this office for further clarification.
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You are
requested to bring the contents of this circular to the notice of the members
of your association.
Yours
faithfully,
(B.C. Khatua)
Commissioner of Sales Tax,
Maharashtra State, Mumbai. |
