Please Help: VAT
Posted Date : 26-May-2011 , 03:44:11 am | Posted By: Swati
Category :
VAT | Answers :
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Comments :
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BRANCH TAKES ADVANCE ORDER OF SPECIFIC ITEM/SIZE & FORWARD TO MFG.UNIT FOR MANUFACTURE & SUPPLY OF SPECIFIC QTY.
MANUFCTURING UNIT AFTER PRODUCING TRANSFER TO BRANCH.
WHETHER SUCH TRANSFER ARE ALLOWED OR TAXABLE UNDER CST. |
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Answers:
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 Answer by: Vikash Kumar Jha |
| Goods transfer to any unit for further processing not taxable
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| Answer by: Vaneet Gupta |
| Not taxable
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| Comments |
| Posted By : Ashish Karundia |
01-Aug-2011, 10:54:41 |
| Section 3 (a) of the CST Act provides that sale will be treated as an interstate sale if the sale occassions the interstate movement of goods.
Section 6A of the CST Act talks about stock transfer.
The transaction will be treated as in intersate sale or stock transfer depending upon the facts of the case.
Here, as the movement of goods is occassioned in lieu of a firm purchase order. Therefore, the same will be treated as an Interstate sale of goods. Refernce can be drawm from a recent judgement given by the Hon'ble Supreme Court of India in the case of Hyderabad Engineerings.
Please note that the above view is given on an assumption that the goods are moving from one state to another. |
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| Posted By : CA VIKAS JAIN |
28-May-2011, 01:34:35 |
| good sent to branch is not taxable under the cst or local vat.
bcos of the reason that goods are sent to branch on some specification made by branch is not be treated as sale of goods to branch. this is an transfer of good by mfg unit to its branch so it will be allowed. |
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