CST Applicable on Invoicing of Technical Know how Process

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This query is : Resolved

N J Ansari (Querist)

02 July 2008 VAT @4% is applicable on Sale of Technical
Know how being slae of goods of incorporeal nature.

Please let us know if CST is applicable
on the sale of technical know to a customer located out side Maharashtra.

If yes, at what rate.

Sanjeev Kumar Varshney

Sanjeev Kumar Varshney (Expert)

02 July 2008 CST @2%

N J Ansari

N J Ansari (Querist)

03 July 2008 CST @ 2% against Form "C".

Since there is no sale of physical
goods, in my opinion the Customer
can not issue "C" form. If my opinion
is correct ?

If no "C" form is issued by the customer,
if CST would be 4% ?

Sanjeev Kumar

Sanjeev Kumar (Expert)

03 July 2008 CST would be @4%. concessional rate benefit i.e. against statutory forms, not eligible because this type of transaction not fulfill form conditions. end use item!!!!!!

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)

16 September 2008 Mr. Sanjeev,
I really appreciate your indepth knowledge regarding CST & VAT.

In your above said reply, you have said that concessional rate benefit will be not available because......

Sir, in my opinion, technical know how is goods (so that it is taxable). Further it is goods purchased with a intention to use in the manufacture or processing of goods for sale.
Accordingly, I am of the opinion that, subject to other conditions, this is fit case for uusing C form.
I hereby invite your further opinion on the same.

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