Self
34 Points
Joined February 2011
Thanks Mr. Prasad for your reply.
I referred CST Act and it seems:
1. X is under no obligation to get himself registered under CST Act since he is not making inter-state sales and made only inter-state purchase and compulsory registration is required only in case you make inter-state sale. Although it would be advantageous for X to get himself registered as then he can purchase goods from Delhi at concessional rate of 2% or VAT rate applicable to computers in Delhi, whichever is lower, provided he furnishes form C.
Now its clear that X is unregistered dealer and thus cannot issue Form C.
2. Seller in Delhi has made sale to unregistered dealer. Hence he is required to charge X CST @ 10% or VAT rate applicable to computers in Delhi, whichever is higher. Section 8(2)(b). But still the confusion is whether this is inter-state sale at all in first place as seller didnt transport the goods. At the time of sale, X was under no obligation to take the goods back to Punjab. He did this on his own by hiring a transporter. If we consider this, then this is a local sale within Delhi attracting only VAT.
3. I am not sure whether X after taking goods back to Punjab can sell it without collecting PVAT.
Sir, please advise.
Thanks