Vat with service tax on same invoice

This query is : Open

saurabh (Querist)
Follow

30 December 2012 There is an Invoice raised by the company on the sale of "Ms office 2010", on which they are charging Service tax@ 12.36% with Vat@5%, on the same invoice total amount.
The purchaser is taking input of both taxes paid, but the issue over their, is whether the seller can charge both taxes on the same invoice.
If Not, than plz refer the case for the same.
And the purchaser used to sale the same product again without any modification to client and on which he also charges both taxes.
At the time of filling returns, Purchaser used to show the figure of sale in Vat return and also in service tax return, which results, in non-matching of physical sale and filled return sale.
There is showing how the product being sold at higher rate by levying double taxes. Plz provide the suggestions which can be put up to solve the issue.

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
Follow

31 December 2012 Since credit is being availed and the law unclear both maybe paid and credit availed.

saurabh

saurabh (Querist)
Follow

31 December 2012 Yes the input is taken by the payer but the second part of query not considered, in which i asked that on resale of same product, the sales being shown on both returns that is Sales tax return and Service tax return due to chgng of both taxes, and because of which the Actual sales or service provided not match with Filled service provided or sales. And also,there should be some procedure,to plan for tax, ie why should not we consider it as sale of product to pay only VAT..

Arun Gulati

Arun Gulati (Expert)
Follow

01 January 2013 In view, after TCS case, it clear that software are goods then there is no question arises for the payment of services and re-sale of same is just like trading of goods and also does not attract service tax.

Message likes : 1 times

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

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Manish Tiwari

rajkumar yadav

THUSHAR MURALI KRISHNA

Abhishek Kabra

ASHOK KUMAR TEKURU

Subscribe Now

Vat with service tax on same invoice

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA