Vat on free goods
This query is : Resolved
22 January 2016
sir,
we issue free goods (as not samples), as MRP printed medicine to wholesale dealers. is this liable to VAT, or exempt from VAT?
I think the transfer without consideration is not liable for tax??
we issue free goods (as not samples), as MRP printed medicine to wholesale dealers. is this liable to VAT, or exempt from VAT?
I think the transfer without consideration is not liable for tax??
KAVIRAJA ADDANGADI
(Expert)
22 January 2016
In a recent judgement, High Court of Rajasthan has held that free issue of samples is not liable for VAT.
Copy of the judgement is attached herewith for the benefits of the readers. Observation of the High Court is as follows :- Free samples is in accordance with trade practice and is one of the major factor where manufacture/producer can put its product in the market. Marketing through free samples is commonly accepted trade practice which one is required to resort in the competitive business environment. The revenue gains substantially when the samples are accepted over the years by the consumers who later on purchases the commodity. It is also noticed that the free samples in the instant case is negligible to the total turnover. The free samples provided to the dealer who in turn provides the same to selected consumers cannot be said to be liable for sales tax. It has no marketable value. To say that the samples provided by assessee can be held to be liable to sales tax, in my view, does not appear to be justified and Tribunal has rightly come to the said conclusion.
Copy of the judgement is attached herewith for the benefits of the readers. Observation of the High Court is as follows :- Free samples is in accordance with trade practice and is one of the major factor where manufacture/producer can put its product in the market. Marketing through free samples is commonly accepted trade practice which one is required to resort in the competitive business environment. The revenue gains substantially when the samples are accepted over the years by the consumers who later on purchases the commodity. It is also noticed that the free samples in the instant case is negligible to the total turnover. The free samples provided to the dealer who in turn provides the same to selected consumers cannot be said to be liable for sales tax. It has no marketable value. To say that the samples provided by assessee can be held to be liable to sales tax, in my view, does not appear to be justified and Tribunal has rightly come to the said conclusion.
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