Ashish Vishnoi

Dear Friends,

We are manufacturing & selling a tax free goods, but due to non clarification of Sale Tax Department we are depositing CST Tax against C Form. Now department had clarified that our product is tax free and we stopped charging CST tax. During the last year we had deposited full tax against C form. Can we have to also submit C forms for previous Year Assessment? When our product is tax free, Can we claim refund of Previous year Tax? If yes, than please provide me any case judgement decision. My email ID is ashishvishnoi@sify.com

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Ashish Vishnoi

Dear Friends,

We had made Inter State sales against C forms, but some parties hadn't given us required C forms. Now at the time of Assessment my Assessing Officer is charging tax difference along with 10% Penelty and Interest. Is Penel provision is valid under CST Act? Please provide me some legal guidance along with court judgement & case references. My Email ID is ashishvishnoi@sify.com

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Anil Chavan
27 December 2008 at 17:31

VAT Return

Hi Sir

What is the last date of VAT return filing?

Regards
Anil

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CA. AmirSavant
10 December 2008 at 15:47

VAT on sale of Fixed Asset

If ABC Ltd is a service rendering company no liable to pay VAT sells a fixed asset then does it have to charge VAT to the purchaser ?
( At the time of purchase of the fixed asset the VAT on purchase price was capitalized forming part of the cost)

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AOJSM

I recently bought a independent house. The total cost of the project is 50Lacs, and the breakup is as follows:

Plot Value=9,33,000

Cost of construction=40,67,000 (Gross Value)

The builder is charging me Service Tax @ 4.12% on (40,67,000)=1,67,560/- (Compounded Rate). Why cant he charge at Normal Rate i.e. @ 12.36% on (33%*4067000)=12.36%(1342110)=1,65,884/-. The difference between Normal Rate and Compounded Rate being 1,676/-. Not that its a huge amount, but for my clarification. Would someone shed some light on this ?

Coming to the Main point, the builder is charging me VAT on (GrossValue+ST) as follows:

4%(4067000+167560)=4%(4234560)=1,69,382/-

Is the above calculation correct??? I was under the impression that VAT @ 4% is calculated on Gross Value only, but the builder is including the ST component in this calculation.

So which calculation is right? VAT@4%(GrossValue) or VAT@4%(GrossValue+ST)?

The difference between 4%(GrossValue) and 4%(Grossvalue+ST) is working out to Rs.6702/-. Hence I need the clarification. So can anyone enlighten me on this issue??

Thanks.

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Vinod Pillai
25 November 2008 at 00:42

Rate of VAT for spare parts of D.G. Sets.

Kindly furnish me the rate of VAT on spare parts of Diesel Generator sets (i.e spare parts of engine & alternator)in Gujarat state. Also, provide me the Schedule & Sr.No. defining the rate of tax. Thks & Rgds.

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Mohana Anand
24 October 2008 at 10:33

reg filing up FORM 38

Hi,
we have to send materials from chenani to Gurgaon to a customer who is in SEZ and he had submitted the form to us.
Actually we are sending the materials thro our Supplier to the customer directly.
In form 38 whether we have to fill our name or the supplier name who is sending the materials on behalf of us.
Also confirm whether the materials can be sent thro Delivery challan or invoice is compulsory.
Pl advise.

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venugopal
23 October 2008 at 14:42

VAT on Fixed assets

Please tell me VAT on Fixed Assets my Register on work Contractors ,
fixed assets for business not for sale

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CA. O.P. Agarwalla
13 October 2008 at 14:05

Assessment Order- Communicationm

If there is no any specific provision of issuing assessment order, whether the department can issue demand note, without issuing assessment order? Whether the department can take this ground that the dealer, if required, may get certified copy of the Assessment Order ny paying a requisite fee?

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ATUL
10 October 2008 at 09:53

TDS, VAT DEDUCATION

Dear all,

one of my client is registered under MVAT and having the business of supplying surrvey instruments & civil engineering material, recently he has supplied survey instruments to Maharashtra State Govertnment(PWD)and has rasied the bill with vat @ 12.50% the office while paying him has deducted VAT @ 4%, TDS @ 5.25%, service Tax @ 12.36% and has paid the bill,

i.e. suppose the bill amount is Rs 1,000/- they have deducted Rs 40 as vat, Rs 52.50 as tds, & 123.60 as service tax.

now my query is under which section they have deducted this tax? can they deducted it? can we claim the VAT amount while filling the half yearly VAT return & under which section ?

yes we can claim the TDS amount while filling the ITR, and he is not registered under service tax so that amount cannot be claimed.


Please Guide me
hoping for a positve response form all


Thanks

Atul N.S.

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