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Mvat on exchange of new goods against goods sold

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Dealer had sold goods (& paid MVAT), buyer wants to exchange some of the goods (after 6months) & take new goods. Whether MVAT is applicable on this? is there any case laws regarding this?
Replies (1)

Hi,

Based on your query, it seems that you are talking something about replacement under Mvat Act.

1.) There is no concept of replacement under Mvat Act.

2.) Goods can be rejected but cannot be replaced under certain situations based on the nature of goods.

2.)  Sales return done after 6 months from the billing date do not qualify for sales return and hence taxable.

Conclusion: In your case you are exchanging some goods after six months so you need to charge / pay Mvat on the same and same will be counted as fresh sales / purchases.


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