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Department of Trade and Taxes

Government of NCT of Delhi


Form DVAT 38
[See Rule 52]
Objection Form under Delhi Value Added Tax Act, 2004
To
The commissioner of Trade and Taxes
New Delhi
1. Registration Number / TIN
2. Full Name of the Dealer
3. Address
4. Contact Telephone Number(s)
5. Nature of objection
Please attach copy of Assessment,
order or decision objected against

07970341718
M/S
OLINA
PROFESSIONAL
COSMETICS PRIVATE LIMITED
D-9, SMA INDL. AREA GT KARNAL
ROAD, ASHOK VIHAR, NEW DELHI
9811307245

Against default assessment order u/s


9(2) of CST Act

6. Tax period to which the objection


pertains

01.07.2008 TO 30.09.2008

7. Number & Date of issue of


Assessment order in DVAT 24/24A
or any other order or decision
objected against

Ref NO:040909611112966
Dt 20/12/2011

8. Date of service of Assessment,


order or decision objected against

23.12.2011

9. Is the objection filed within time


prescribed

YES

10 If no in (9) above, attach Form DVAT 39.

NA

11. Is the objection against an


assessment?
12. If yes, then specify the amount of
additional demand
13. Specify the amount of undisputed
demand (Please attach proof of
payment of said amount)

Yes
8,755/NIL

8,755/14. Specify the amount of said demand


objected against
Taxable
Tax (Rs.)
Interes
turnover
t (Rs.)
(i)
(Rs.)
(ii)
As assessed A
47,893/- @ 5987/2768
12.5%
As admitted B
47,893( Sale ---by appellant
against
H
form)
Amount
in A-B
5987/2768
dispute

15.Whether the objection is under the


provisions of section 74(2). (please one)
If yes, please give the following details:(i) Name of the authority against whose failure
to decide or to issue any assessment or order
the objection is being filed.
(ii) Date of filing the application or written
request, if any, to the above named authority
(Attach a copy thereof duly supported by proof
of filing)
(iii)
Specific date by which the matter was
supposed to be disposed off in view of the
limitations provided under the Act and rules
made thereunder.
(iv) Other details, if any.

16. Do you want a hearing?

Yes

Penalty
(Rs.)
(iii)
-----

Total (Rs.)
(i + ii + iii)

---

---

-----

8755/-

8755/-

No

17. Please state fully and in detail the grounds on which you are objecting. This
must be done even if you have requested for a hearing.
As per Annexure-II

18. Please annex the list of enclosures


a) Power of Attorney
b) Grounds of Appeal
c) Statement of Facts

19. Verification
I VIKAS JAIN hereby solemnly affirm and declare that the information given in this
form and its attachments (if any) is true and correct to the best of my/our knowledge
and belief and nothing has been concealed there from.
Authorised Signatory
Name

VIKAS JAIN

Designation/status

Director

Place

NEW DELHI

Date

15.01.2012

ANNEXURE II

M/S OLINA PROFESSIONAL COSMETICS PVT LIMITED


D-9, SMA INDL AREA,
G T KARNAL ROAD, ASHOK VIHAR

STATEMENT OF FACTS
1. That the appellant is registered dealer of ward -65 vide TIN 07970341718
2. That the dealer is trading in cosmetic items.
3. That during the period under consideration the dealer has made central
sale of Rs 47893/- against H form to M/s Rangeela Exports vide invoice
no OPC/098 dt 05.08.2008.
4. That the Ld DVATO taxed the sales against H form at full rate of CST @
12.5% being unspecified item , though the copies of invoices, bill of entry
and other relevant export documents were furnished at the time of
assessment. All the export documents which were required as per the
rules were furnished to the Ld DVATO. however the same has not been
appreciated.

M/S OLINA PROFESSIONAL COSMETICS PVT LIMITED


D-9, SMA INDL AREA,
G T KARNAL ROAD, ASHOK VIHAR

GROUND OF APPEAL

1. That the order as passed is bad in law and against the facts of the case.

2. That the order has been passed without giving sufficient opportunity to the
appellant.
3.

That the sale against H form are properly supported by all the documents
required by law which were filed during the assessment proceedings,
however the same has not been appreciated.

3. That it is prayed that tax levied along with interest be ordered to be deleted..

4. That the appellant reserve the right to amend / add/ delete any ground of
appeal during the course of hearing.

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