Poonam
17 January 2009 at 13:35

Vat Audit Applicability

Sir

One of our Client is having two business
1] Sale of Tax free Goods
2] sale of Poultry feeds

In first case turnover is not exceeding 40 lac
In second case turnover exceed 40lac but there is no Vat on sale or purchase.

As there is sale of tax free goods only.....
so is Vat Audit Apllicable under M Vat Act?


Suresh

Sir,
Iam a trader who buys in tamilnadu and sell in other states. Now, if i buy outright, i suffer 4% VAT but on sales i collect only 2%CST. This way i stand to loose 2% where as often the margin i get is only 3%. What i intended to do is to act as commssion agent buy goods on consingment purchase and do a CST sale. Tax so collected will paid by me every month ans i shall give sale Pattial and Tax paid certificate to my principal.This way i will save not suffer 4% VAT and save 2% on tax.
The problem is many auditors are saying that this mode (Consignment Purchase)of business is not allowed after introduction of VAT. Kindly clarify if the auditors are correct.


CA.Virender K Maini

The local authroties are denying Input Credit to registered dealer(Trader) on purchases made from local manufacuring units(Registered Dealers)and sold in the course of Inter State Trade or Commerce against Form "C" by referring to section 21(4)(c)read with first proviso of Jammu & Kashmir VAT, 2005. For the sake of clarity the relevant section and proviso are reproduced hereunder:
21.Input tax credit.- (1). Subject to the provisions of the Act, for the
purpose of calculating the net tax payable by a registered dealer for any tax
period after being registered, an input tax credit as determined under this section
shall be allowed to such registered dealer for the tax paid or payable in respect
of all taxable sales other than the sales as may be prescribed, or purchases under
section 14 during that period.
(2) The input tax credit to which the registered dealer is entitled to shall
be the amount of tax paid by the registered dealer to the seller, on his turnover of
purchases made during the tax period, intended to be used for the purposes and
subject to the conditions as specified in sub- section (3), sub- section (4) and
sub-section (5) and calculated in such manner as may be prescribed.
(3) Subject to such conditions and restrictions as may be prescribed,
partial input tax credit may be allowed in such cases as may be notified by the
Government.
(4) Input Tax credit shall be allowed for purchase of goods made within
the State from a registered dealer holding a valid certificate of registration and
which are intended for the purpose of -
18
(a) sale or resale by him in the State ;
(b) use as raw material or as capital goods in the manufacturing
and processing of goods other than those exempt from tax under
the Act intended for sale in the State ;
(c) sale in the course of inter-state trade and commerce;
( d) sale in the course of export out of the territory of India; or
(e) for use as containers for packing of goods other than those
exempt from tax under the Act for sale or resale in the State:
Provided that in respect of transactions falling under clause (c) input tax
credit may be allowed on the tax paid in excess of 4% on the raw materials
used directly in the manufacture of the finished products:

Kindly advice


Md. Safi Baig
15 January 2009 at 16:46

purchase of machinery

can VAT/CST be charged in case of purchase of machinery components for the purpose of repairs and maintenance?


jignesh
15 January 2009 at 12:55

what is tin no

what is tin no and how can i apply for


P.S.VISHWANATHAN

we are a dealer in Delhi. We have accumulated input vat credit and the same is adjusted against cst liability as more than 99% of our sales are inter-state. My query is whether the input tax credit can be utilized to discharge the liability arising out of non submission of Form c by our customers? The liability includes additional CST,INTEREST AND PENALTY THEREOF


CA Sandeep Thakur
14 January 2009 at 19:19

Cash Discount

the client showingthe the cash discount on the face of invoice nad book the sales with gross amount ,


whether it is subject to cst





















and can be regarded as trade discount


Prashant
14 January 2009 at 17:37

Invoice Address

If Y is in jobwork contract with X convertion of product.
As per contract Y convert product & direct dispatch to X customer from his location as per intimation from X.
Then Wht document Y need to prepare to dispatch along with material???
Can Y prepare bill/Delivery Challan on his name & Address???
or
Can Y prepare bill/Delivery Challan on X name & Address???


Ketan
13 January 2009 at 17:12

Vat Refund

My client is trader in Ink registered under MVAT. He has his purchase in local @4% and Sales in Local as well as CST. We file halfyearly return. This year he is having refund in 1st Half. I need detailed guidance in Refund Claim and documents and reports to be submitted for refund and in which format, and if any change to me made in filling Form 231. It would be helpfull you can send any formatted xls file on my id ketang2@gmail.com
Thanks & Regards
Ketan - 9220644724


Arulca
13 January 2009 at 11:32

Vat refund

Dear Sir,

Our company is doing local as well as export sales of garments. When we apply for vat refund for export sales, sales tax authorities claiming that they need consumption details related to export & local separately as well as stock figure also. But we didn't maintain separate records for the same. Is there any simple procedure to claim for the same.
Thanks.





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