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Applicablity of vat

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Querist : Anonymous

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Querist : Anonymous (Querist)
08 November 2011 We hired a generator for monthly rental basis.While submitting the bill he claimed VAT on hire charges.

Whehter VAT is applicable for the same?
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CA ASHISH GUPTA

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CA ASHISH GUPTA (Expert)
08 November 2011 In all most all stats leasing is also included in the term sale. So Vat will be leviable on lease charges. Monthly rental of generator is also a leasing charges and Vat will be applicable.
How ever if there is a rent without transfer of possession then VAT will not be applicable and Service tax will be applicable.






















































































































































































































































































































































































































































































































































































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Querist : Anonymous

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Querist : Anonymous (Querist)
08 November 2011 Without Transfer of possession means?
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CA ASHISH GUPTA

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CA ASHISH GUPTA (Expert)
08 November 2011 In your case VAt will be applicable.
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