Vat applicable here?

CA Dhaval Ganatra (CA) (185 Points)

06 June 2012  

A person sells iron bars at rs.100

He charges VAT on Rs.100 @ 5% i.e rs.5

Then he passes a debit note of rs.30 in the name of purchaser for late payment by him

VAT is not charged on such excess amount

I accept that it is late payment charges and and not subject to VAT

but if we consider substance over form he is practically selling the product at rs.130

Such income of late payment fees is highly material in case of this assessee

Is there any possiblity of charging VAT on this amount of rs.30

Please provide me with proper case law or relevant section