Cst query

Others 669 views 2 replies

X a normal ordinary person in Punjab goes to Delhi and buys 10 computers. After buying them he (and not seller) hires a transporter and bring goods to Punjab where he sells them on profit.

Q1 Will he need to pay VAT or CST in Delhi?

Q2 If he pays VAT in Delhi will he face any problem at state barrier as his intention was to bring them into Punjab.

Q3 When someone pays VAT, is he prohibited to take goods to any other state?

Q4 When he sells 10 computers in his home state Punjab, will he need to collect VAT from buyer? He is ordinary person having no sales tax registration nos.

Thanks
Gagan

 

Replies (2)

There are two rates for CST

1. CST - 2% for C form

2. CST @ VAT rate if C form is not submitted

Here he can purchase goods goods at VAT rate only and take the invoice on punjab address so he dont face any problem trasferring the goods to punjab

You said he is not sales tax registration then he can sell without VAT

 

BUT one problem he can purchase from out of state only if he had CST registration - I am thinking this and I dont know exactly and I will confirm you after confirming myself.

 

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


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