Hi, I am in business of providing VoIP solutions & Secured Wi-Fi solutions to our clients. I had billed an invoice amounting to about Rs 26 lacs to one of our partners in Chennai in 2010-11. He insisted upon charging only 2% against C-form & assured me of submitting the C-form on time without fail. My repeated requests over a period of time to submit the c-form went in vain. I even requested him to pay the diff amt along with whatever interest is valid. He assured me to submit the c-form but failed again. In the meantime, I was called upon the local Sales Tax dept for an assessment of our books of A/C for the past 4 years in the month of April 2015. Upon finding the non-submission of C-form for that particular invoice, we were served a notice for the payment of dues. Now when informed to our partner in Chennai to pay the dues along with the penalty & interest, he is backing off saying he cannot pay as he has closed the Co. But he is still operating maybe with a new name in Chennai. What is the best legal procedure I can follow to claim the dues & can I file a legal defamation case against him ??? Kindly help... Regards

Hi, I am in business of providing VoIP solutions & Secured Wi-Fi solutions to our clients. I had billed an invoice amounting to about Rs 26 lacs to one of our partners in Chennai in 2010-11. He insisted upon charging only 2% against C-form & assured me of submitting the C-form on time without fail. My repeated requests over a period of time to submit the c-form went in vain. I even requested him to pay the diff amt along with whatever interest is valid. He assured me to submit the c-form but failed again. In the meantime, I was called upon the local Sales Tax dept for an assessment of our books of A/C for the past 4 years in the month of April 2015. Upon finding the non-submission of C-form for that particular invoice, we were served a notice for the payment of dues. Now when informed to our partner in Chennai to pay the dues along with the penalty & interest, he is backing off saying he cannot pay as he has closed the Co. But he is still operating maybe with a new name in Chennai.
What is the best legal procedure I can follow to claim the dues & can I file a legal defamation case against him ???
Kindly help...
Regards - Bharath more

Helpful Legal Advise and Matters Aug 20

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Bharath Gupta

Mr Pankaj, firstly the quest of C-form arises only at the behest of the Cust/client request, it is standard procedure, never ever does the seller lays a condition to charge his client at 2% CST against C-form !!! As per his request only we raised an invoice against C-form. more

Aug 24

Pankaj Srivastava

What kind of proof do you have that your client assured you to submit Form C? more

Aug 24

Bharath Gupta

Mr Pankaj, I have met few higher up officials in the local ST dept, no one gives me a convincing Àns. They said, pls pay up the dues immediately & if you wish to choose a legal case to be filed against your partner, pls do so. This is it... more

Aug 24

Pankaj Srivastava

Ease of doing business along with utmost confidence is the key for the sales tax department and government so that business flourishes. If there is a cheating by any registered trader the govt cannot sit idle unconcerned as the system of collecting tax is arising from the govt itself. there must be some rules regarding, may be blacklisting or show cause notice to the trader for not issuing forms in his name or any capacity in future. You must meet higher authorities of the tax department for remedies. more

Aug 24

Bharath Gupta

Thnx a lot for your suggestion Mr Vijay, will keep these points in Mind while filing a case & will also inform my lawyer on the same. more

Aug 24

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