Karnataka entry tax on machines imported & soldoutsidestate

Others 3021 views 3 replies

Dear Friends,

 

We are a Trading concern based in Bangalore , trading in Textile materials and machines .

In 2009-10 we had imported Textile machines outside bangalore (in New Delhi and Mumbai)

We do not have any branch in New Delhi and Mumbai.

The machines were imported in our Bangalore address but machines came at New Delhi / Mumbai Customs as our customers were based in Ludhiana / Mumbai

We cleared the machines from the respctive customs at New Delhi / Mumbai

Raised a CST invoice @ 2% against Form C
and sold the same to the customers at New DElhi / Mumbai

Our Address in the invoice was Bangalore Address as we do not have any branch in New Delhi / Mumbai

We rasied the invoice on the same day the machines were cleared from New Delhi / Mumbai customs

The machines were taken delivery  by the customers themself at New Delhi / Mumbai

As the machines were imported at places outside KArnataka (ie New Delhi /Mumbai)  and sold outside karnataka (Ludhiana / Mumbai) we did not pay Karnataka Entry Tax

Now Sales tx audit department has asked us to produce the books of accounts for 2009 -10

They are saying that the machines will attract entry tax

So my question is

Does these machine imports (Outside karnataka)and Sales (Outside Karnataka) attracts entry tax ?

We have all the proof that the machines landed at customs outside karnataka and also the sales invoice that it has been sold outside karnataka

Is these documents enough or does any other documents required ?

We do not any LR Copy for transport of machines from respective customs (Delhi / Mumbai) to customer place as the delivery of goods from customs were taken by the customer themself

Looking forrward to your valuable advice and solution

Regards

Subramanian
Bangalore

Replies (3)

Dear sir

In my view entry tax is payable on schedule goods(like,Machinery in your case) on entry into local are for use,consumption, or sales therein(within local area), in your case there is no entry into local area(i.e bangalore)

Hence ask the officer to prove that you have taken the delivery.

 

Dear Sir,

As per the ACCT, entry taxc has to be paid as  the documents are raised from Bangalore eventhough the machine has not entered in to Bangalore . Further is there any similar case law where in we can refer.

 

Regards

 

Subramanian

Entry tax is payable only on physical entry of goods into local area in Karnataka.

Karnataka State has no legislative comptency to levy tax on goods tranferred out side the state.

I remember the tax on entry of goods was struck down by the Honourable Supreme Court some where in 2007.

kkm


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