RECOVERY OF MOBILE PHONE FROM F & F


This query is : Resolved 

05 October 2009 Whether any vat/CST will be paid on mobile phone not surrendered by Employee due to which certain recovery is made from Employees.

05 October 2009 It will be treated as sale of asset and vat should be paid on the value recoreved by you.

06 October 2009 Sir i dont practise much of MVAT , but i have a doubt regarding the reply that you have posted .

It will be considered as sale of asset , even if i dont deal in it ??

what i mean is suppose one of my client is having his Vat certificate as chemical dealer , and he sells his business car -Is it supposed to collect Vat even though hes a chemical dealer as per Vat certificate and not a car dealer?

06 October 2009 The logic is simple. After the introduction of vat you are claiming the vat in the asset as input vat and adjusting agianst your sale dues. Ie vat on capital assets.
Therefore when you are selling you have to pay vat on the same. It will be treated as out put vat.
By doing so you are getting the actual vat.

Otherwise what will happen is say 10Lakhs is the asset you claim 12.5% 125000 as input vat. You sell on the next day without charging tax on the same for 9.5 Lakhs. You are gianing 125000 for 50000 this is not reasonable.

I hope now you can analyse.

07 October 2009 What if the Dealer has not claimed any VAT at the time of purchase of Capital Asset, i.e., Mobile Phone.

20 July 2025 What if dealer did not claim VAT at purchase of mobile phone?
If the dealer did not claim input VAT on purchase, it doesn’t affect the company’s recovery from employees.
The company’s cost of mobile phone remains the same; VAT issue is between dealer and supplier.
Company recovering the phone’s cost from employee is independent of dealer’s VAT claims.


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