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Cst or vat

b rajesh (MANAGER ) (26 Points)

29 June 2012

Dear Sir

ABC ltd company in Chennai ( tamilnadu) raise the bill in the name of XYZ ltd in chennai ( tamilnadu) but the goods are requested by the customer to delivered in Kerala please clarify whether we have to charge VAT or CST.

rajesh

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15 Replies

CA Sripal Jain (Associate Finance) (709 Points)
Replied 29 June 2012

CST must be levied as sale is nothing but risk and reward transfer,so in your case sale is complete when goods are delivered to kerala,so u must be liable to CST

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RENGARAJ R.K (ADVOCATE) (7557 Points)
Replied 29 June 2012

Situs of sale is very important in the VAT/CST Acts. The billing address may be within the state, but shipping address is in other state and hence CST is to be collected against C form if the party wants concessional rate.

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vikash rathi (Chartered Accountant) (787 Points)
Replied 29 June 2012

Originally posted by : RENGARAJ R.K
	Situs of sale is very important in the VAT/CST Acts. The billing address may be within the state, but shipping address is in other state and hence CST is to be collected against C form if the party wants concessional rate.

CA PRAVEEN SINGH (MANAGER ACCOUNTS) (2277 Points)
Replied 29 June 2012

Originally posted by : CA Sripal Jain
	CST must be levied as sale is nothing but risk and reward transfer,so in your case sale is complete when goods are delivered to kerala,so u must be liable to CST

*RENU SINGH * (✩ §m!ℓ!ñġ €ม€§ fℓม!ñġ ђ♪gђ✩ ) (21627 Points)
Replied 29 June 2012

Originally posted by : RENGARAJ R.K
	Situs of sale is very important in the VAT/CST Acts. The billing address may be within the state, but shipping address is in other state and hence CST is to be collected against C form if the party wants concessional rate.

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CA JATINDER SALHOTRA (PRCTICE CA) (59 Points)
Replied 29 June 2012

Originally posted by : RENGARAJ R.K
	Situs of sale is very important in the VAT/CST Acts. The billing address may be within the state, but shipping address is in other state and hence CST is to be collected against C form if the party wants concessional rate.

Nitil Kr. Agarwala (Persuing CS) (264 Points)
Replied 29 June 2012

CST will be charged in above situation. But also it will be deemed as Sales in Transit and a strong clarification would be required for the same by the Commercial Tax Department.

M. Ganga (Articleship) (53 Points)
Replied 29 June 2012

i consider the points but i have another doubt. is it not after sale service? moreover only if the bill address is in Kerala cst is applicable. else isn't that vat nd st?

Ganeshbabu K (Audit and Tax Advisory) (48564 Points)
Replied 30 June 2012

Originally posted by : RENGARAJ R.K
	Situs of sale is very important in the VAT/CST Acts. The billing address may be within the state, but shipping address is in other state and hence CST is to be collected against C form if the party wants concessional rate.

CA.MANAVANJAN (Service) (52 Points)
Replied 30 June 2012

If all conditions of 6(2) of CST satisfies, then 2nd sale will be exempted from cst but ist sale is liable to cst. . Accordingly E-1 & C form will be raised.

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Vishnu Saboo (AM) (4185 Points)
Replied 30 June 2012

CST must be charged if Contract of sales is for material to be diliver at Kerela.

if ownership has been transfer in Chennai itself and then material going to Kerela, then VAT must be applicable.

CA ANU RAO (CA IN PRACTISE) (128 Points)
Replied 30 June 2012

"Situs of sale is very important in the VAT/CST Acts. The billing address may be within the state, but shipping address is in other state and hence CST is to be collected against C form if the party wants concessional rate."

Kinjal (Accounts Executive) (21 Points)
Replied 02 July 2012

Can You please tell me, If the Customer is charge Transportation in Invoice....Then can we issue Form C with Transportation charges Or Excluded Transportation chrages amont..

Regards,

Kinjal