Please help............

Defination of sale includes transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. So I think vendor is right in charging the vat.

 

Regards

Dayananda

 

I think he should not charge vat on rented computers

I agree with dayananda. Transfer of right to use is deemed sale & changeable to vat

look as far as i am concerned. if it is just onlr rented then no vat cannot be charged. but what happens some companies as ibm , what they do is let their computer or software to venders at rent and after certain time , they gives the option to the vendor to buy these assests at considerably low cost. you may be aware that assests as computers and laptops are just worth for 2-3 years, thus they are charged to vat as per the above reason. thats y you can find servicetax + vat in transactions of softwares in some companies

Hire charges received on renting movable goods are subject to vat as it falls under the definition of sale

Hire charges received on renting movable goods are subject to vat as it falls under the definition of sale

Thanx a lot for the replies..............

Dear sir, We are a construction company engaged in the work of laying of gas pipe line. we are looking for a commercial tax consultant (Work Contract Tax) at vijayawada (Andhra Pradesh). Please provide me the reference of any good tax consultant.

 

 

kidly quote the relevent provisions on which , dealer can charge vat on computer hire charges.

thanks in advance....

Dear Sir,

 

 

As the notification No.32/2007(composition scheme rule 2007) has been rescind and new service tax rule  vide Notification no.24/2012 & 36/2012 has been affected. kindly clarify the following

1.Whether Not.No.01/2011 (amendment to Not No.32/2007) dated 01.03.2011 is in existence or not

2. We are paying the service tax on 40% value.

(i)Can we avail the full Cenvat  credit of service tax paid to our subcontractor providing service under sub clause (zzd) (zzq) (zzzh) of clause (105) of section 65 if they are paying service tax on 40% value.

(ii)Can we avail the full Cenvat  credit of service tax paid to our subcontractor providing service under sub clause (zzd) (zzq) (zzzh) of clause (105) of section 65 if they are paying service tax on full value after availing the cenvat credit.

 

Hi, Pls refer decision on Karnataka HC in case of Wireless TT Info and BSNL in AP HC (not confirmedabt jurisdiction)

Transfer of right to use will amount to sale (deemed sale) however effective control has to be tested.

 

If you vendor has passed you effective control then vendor can claim VAT, if not it is just a service contract.

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