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.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details