CA Geetha (CA Job) (45 Points)
27 February 2013Can i know whether excise duty is to be paid or VAT, on sale of old machinery for which cenvat credit is not taken?
Since the machinery was purchased in 1980, then the Cenvat credit rules were not applicable
If Vat is applicable, then wat is the rate of duty to be paid?
V Vara Prasad
(Chartered Accountant)
(212 Points)
Replied 27 February 2013
U r just selling the old machinery and it is not related to the trading of any goods
So VAT is not applicable.
Excise duty is also not applicable, Since it is not a manufacture.
CA Geetha
(CA Job)
(45 Points)
Replied 27 February 2013
Thanks for the reply.
But Under VAT,
Dealer has been defined under VAT as: -
'Dealer' means any person who carries on business and includes-
9) any person who, for the purposes of or in connection with or incidental to or in the course of his business disposes of any goods as unclaimed or confiscated, or unserviceable or scrap, surplus, old, obsolete or as discarded material or waste products by way of sale;
And
Sale includes:-
1. The conventional sale i.e. Transfer of property in goods;
Will the sale of machinery doesnt attract VAT?
V Vara Prasad
(Chartered Accountant)
(212 Points)
Replied 27 February 2013
Which state VAT u r asking about
pankaj singh
(managing director)
(23 Points)
Replied 03 March 2013
CA Hardik Bunha
(self)
(2121 Points)
Replied 05 March 2013
excise duty and vat both are applicable
for your kind information
vat is leaviable on sale of old machinery but problem will arise that which kind of invoice u generate(retail or tax)
as u r a dealer as per vat law,
so it is depend on when u had bought this machinery in 1980 then credit of vat paid has been taken or not.
if taken then you have to charge vat.......
if not then you have not charge vat.....
excise duty is not applicable
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