What is meant by Actionable Claim?
5 Replies
Harendra Kumar
(Tax Advisor )
(1326 Points)
Replied 28 April 2014
Sir,
It is mean i.e. which worked perfomed that cost.
Harendra Kumar
(Tax Advisor )
(1326 Points)
Replied 03 May 2014
Actionable Claim
It’s pertinent to mentioned that actionable claims do not form part of the definition of goods and there are not subject to Vat. An actionable claim can be enforced only through the Court of Law and cannot be bought only bought and sold as goods, though it can be assigned.
A per section 65B (1) of the Act Actionable Claim shall have to meaning assigned to it in section 3 of the Transfer of Property Act, 1982, section 3 of the transfer of property Act, 1982 define actionable claim as a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property or to any beneficial interest in movable property not in the possession, either actual or contractive of the claimant, which the civil court recognise as affording grounds for relief whether such debt. Or beneficial interest be existent, accruing, conditional or contingent.
Ganpath Iyer
(Articles)
(42 Points)
Replied 31 May 2016
Dear Mr Harendra Kumar,
In a warranty claim beneficial interest does lie in a movable property which is not in possession and the claim is contingent upon repair of the main product that is purchased. Thus can warranty claim be called actionable claim. Further can one claim exemption from VAT if coz definition on goods in most cases for VAT excludes actionable claim? ...Thank you
Vishal Goel
(Chartered Accountant)
(1688 Points)
Replied 15 October 2016
Hello ,
Warranty claim cant be called actionable claim....
when there is a breach of contract the only right that accrues to the person who complains of the breach is the right to file a suit for recovering damages. The breach of contract does not give rise to any debt and therefore that a right to recover damages is not assignable because it is not a chose in action. An actionable claim can be assigned, but in order that there should be an actionable claim there must be a debt in the sense of an existing obligation.
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