25 April 2009
This Queary is very complicated as under:
The Dealer is Registerd Dealer under DVAT and CST Act of Delhi and functioning its business from delhi. The dealers business is trading of Scientific Goods use for student. The dealer sold the goods to M.P. (Madhya Pradesh) to any school and charged CST @4% but the purchaser deducted The Tax amount from the Bill and deposited in the M.P. Government A/c And Issue a certificate on Form No.31 from M.P. Govt. My Question is this that CAN DEALER GET REBATE FROM HIS CST LIABILITY FOR THE AMOUNT OF WHICH HE GOT TDS CERTIFICATE ON FORM NO. 31. IF YES, IN WHICH COLUMN IN THE CST RETURN IT CAN BE ADJUSTED ? KINDLY CLARIFY THE POSITION AT EARLIAST.
26 April 2009
Dear Deepak, First the purchaser make a wrong step to deduct TDS(Section 26(1)of MP Vat Act,) against interstate purchase.Dealer cannot make any adjustment in CST return,As the TDS amount belongs to revenue of M.P.Govt.,It is sugesseted that in future the dealer should asked the purchaser not to deduct TDS.Otherwise take a VAT & CST registration in M.P.,than after stock tranfer from Delhi Branch to M.P.branch make bill to the purchaser in M.P.,than liablity of VAT in Madhya Pradesh of the dealer will be adjust against the TDS.
CAclubindia
