Applicability of VAT on re-sale

This query is : Resolved

Suresh (Querist)
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25 December 2008 Our's is a software company registered in Karnataka under VAT act. We intend to buy the fixed assets (FURNITURE & FIXTUES)from another software company who is also a dealer under VAT in karnataka.

These assets were purchased way back in 2001 during sales tax regime. Since this is becoming a second sales, the dealer has right to charge VAT? If yes, at what rate they should collect VAT and why?

C A GROUP COACHING

C A GROUP COACHING (Expert)
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25 December 2008 BROADLY SPEAKING THERE IS NO SUCH PROVISION OF RESALE / IInd SALE IN VAT REGIME. AS SUCH THE SELLING DEALER WILL CHARGE YOU VAT AT THE PRESCRIBED RATE ON F & F
THIS OPINION IS GIVEN AS PER THE ACT APPLICABLE IN MAHARASHTRA BUT I FEEL CERTAIN CONCEOTS UNDER VAT ARE UNIFORM TO ALL STATES
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