One of my client "A Pvt Ltd." ( registered dealer in west bengal) purchase Food supplements & medicines from another dealer "B" in west bengal & pay VAT on MRP. Now the question is:-
1. If "A" sold these products in west bengal, then whether they have to collect VAT from customer & claim Input of VAT paid. I think this will be immaterial because VAT is already paid on MRP ??
2. If A Pvt Ltd. again sold these products outside West Bengal to their franchisee, then what will be the VAT implication? Whether franchisee will again collect VAT from their customer & pay to their state government??
3. If A pvt Ltd. transfer these goods to there own retail outlet outside West Bengal for sale? Then whether the retail outlet will again collect VAT from customer & paid to their state government?
02 August 2025
Great questions! VAT on MRP and inter-state sales can get tricky, so hereโs a clear breakdown based on your scenarios:
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### Scenario 1: Purchase and Sale within West Bengal (WB)
* Dealer B sells to A Pvt Ltd. in WB **charging VAT on MRP**. * Dealer A sells to customers in WB, charging VAT on MRP again?
**Answer:**
* The **wholesaler (Dealer B) charges VAT on MRP**. Dealer A gets input VAT credit on that VAT paid. * When A sells to retail customers within WB, **they also charge VAT on MRP**, but input VAT can be claimed on purchases. * This avoids VAT cascading because input credit is adjusted against output VAT.
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### Scenario 2: Dealer A sells goods from WB to franchisee in **another state** (interstate sale)
* This sale is treated as **interstate sale**, so **Central Sales Tax (CST)** applies instead of VAT on inter-state transfer. * Franchisee in other state sells to end customers, charging VAT applicable in their state.
**Answer:**
* Dealer A charges CST to franchisee on transfer from WB. * Franchisee will charge **VAT in their own state** when selling to end customers. * **Franchisee cannot claim input VAT credit on CST paid**, because CST is different from VAT. * This means no double input credit but VAT is charged only once in the final sale.
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### Scenario 3: Dealer A transfers goods to their own retail outlet outside WB
* This is a **branch transfer** to another state.
**Answer:**
* Such branch transfers usually attract CST (interstate transfer). * Retail outlet will collect VAT from customers in their state on final sale. * Branch (Dealer A) does **not pay VAT twice** but CST is paid on branch transfer. * Retail outlet charges VAT on sale to end customer. * Input credit for CST is not available to the branch outlet (since CST is different from VAT).
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### Your concern about double taxation:
* **VAT is charged only once on the final sale to end customer.** * CST is a tax on interstate movement but does not allow input credit for VAT. * So, while CST is paid on inter-state transfer, the final VAT is paid only by the end consumer. * The input credit mismatch is due to CST vs VAT difference, not double taxation of VAT.
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### Summary:
| Case | Tax on Transfer | Tax on Final Sale | Input Credit on Purchase | | ---------------------------- | --------------- | ------------------ | --------------------------- | | Within WB | VAT on MRP | VAT on MRP | Input credit allowed | | Inter-state sale (Franchise) | CST | VAT in other state | No input credit on CST paid | | Branch transfer outside WB | CST | VAT in other state | No input credit on CST paid |
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If you want, I can help with exact references from West Bengal VAT Act or further clarify how to handle invoices and tax credits for these cases. Would you like that?