vat on sale of second hand car in assam

This query is : Resolved

R.K.SHARMA

R.K.SHARMA (Querist)
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06 October 2007 please let me know whether vat is applicable on sale of second hand car in assam.
if seller has not cahrged vat, whether it is to be deposited by purchaser later on.

S.RAVICHANDRAN

S.RAVICHANDRAN (Expert)
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12 October 2007 As for VAT Act is concerned, two things has to be examined. One is the classification of goods under the respective VAT Act and the obligatory party to the transaction.

Please refer Assam VAT Act for the classification of second hand car.

As for sales tax is concerned, only it is the obligation of the Seller to collect and pay VAT and not the buyer.

R.K.SHARMA

R.K.SHARMA (Querist)
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15 October 2007 As I am not having access to Assam Value Added Tax via Internet / printed medium, please tell me precisely whether the purchaser will have to pay any vat on the second hand car purchased.

CMA Gul S

CMA Gul S (Expert)
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17 October 2007 no i do not think he would have to pay any VAT

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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31 March 2009 Unfortunately, under Assam Value Added Tax Act, 2003 this will be ataxable event.

Section 12 cast libility on dealer to pay VAT in such type of cases.

Thanks
O.P. Agarwalla