Set Off of Input MVAT

This query is : Resolved

vijay g. nalawade (Querist)
Follow

25 September 2009 My client uses Diesel as input material for making Saleable Product by mixing it with some other materials. However the Purchase bills of Diesel does not disclose the MVAT included in it. The said bills issued by petrol pumps contains MVAT Nos. NOW
1. Whether my client can claim set off of the MVAT included in said diesel Bills by bifurcating the Bill amount as Net Cost & VAT ?

2. What is the % of VAT payable on Sale of Diesel ?

Amit Sheode

Amit Sheode (Expert)
Follow

26 September 2009 Set off on motor spirits including diesel is specifically denied vide rule 54(b) of MVAT. Hence no set off is admissible.
The rate of tax on diesel is 26-28% plus Rs 1 on each liter of diesel.However since set off is not admissible it is not relevant.