VAT INPUT CREDIT ON PURCHASE OF TRADE MARK

This query is : Resolved

ANUJ GARG (Querist)
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08 September 2007 1. We are manufacturer of Ice-Cream with Brand Name “Cream-Bell”.
2. The Business Trade Mark is registered with “UNIVERSAL DAIRY PRODUCTS PVT. LTD.” (UDPPL);
3. UDPPL has a Factory at Agra (Uttar Pradesh) and registered office at Delhi.
4. We have another company namely DEVYANI FOOD INDUSTRIES PVT. LTD. (DFIPL);
5. DFIPL is also doing Ice Cream Business with Brand Name “Cream Bell”.
6. DFIPL has a Factory at Baddi (Himachal Pradesh), Sales Depot in Agra (UP) and registered office at Delhi.
7. We have shut down our Agra Factory of UDPPL;
8. Now our business is running from Baddi Factory;
9. We wish to Sell trade Mark from UDPPL to DFIPL on or before 31.3.07.

So, please give your opinion with example on the followings:

1. If we sale Trade Mark to DFIPL, will it attract Sales Tax / Vat?
2. Should we make sale from UP or Delhi?
3. In case Sales Tax / Vat is payable then UDPPL will like to sale Trade Mark in Delhi to DFIPL Delhi and DFIPL will set off vat input tax (paid on purchase of Trade Mark) with vat output tax against sale of ice cream in Delhi? Can we do this?

Thanks,
Anuj Garg