Builder & Developers - VAT

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Avinash Kamble (Querist)
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26 July 2007 I have a difficulty
My sales are not liable for VAT...ie., Mine is a hotel industry and have income by way of room rent. I purchase materials for repairs and materials & other items which I pay input VAT....
As I have to file the VAT returns which is mandatory in maharashtra...it shows the sale and also the purchase items in the vat return.As I am not liable for VAT on output....I dont pay any VAT. But the Input vat is shown in the return based on the different purchases. It shows the Input credit and also in the subsequent return it shows as unutilised credit from the previous period. I think it should show as NIL or NA as I am not liable to pay any VAT on sales, I wont get any vat credit and hence no set off or carry forward also.
Please let me know how to solve this problem.
Regards
Avinash

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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18 November 2007 Sir,
Your question has confused me a little bit. As in Assam and other states too, only registered dealers are required to file their returns. I think you are not a dealer as you are not selling any goods. Accoringly, I wonder, how an obligation of filing return has been imposed on you. I would like to know the exact sectio or rule, under which your are filing your returns.