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CST Section 6A of the Act

subramanya (Professional) (907 Points)

25 September 2008

Can anybody give me details about CST section 6A of the act.

Also How can i account value of Goods transferred to the Assessee's agent or principal in the other states...

Thanks in advance..

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3 Replies

C.A Alok Mukherjee (service) (462 Points)
Replied 25 September 2008

Pls. refer book for CST V.S.Datey.

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CA. O.P. Agarwalla (C.A.) (2916 Points)
Replied 25 September 2008

Section 6A of CST Act 1956;-

Burden of proof, etc.,

in case of transfer of goods claimed otherwise than by way of sale.-(l) Where any dealer claims that he is not liable to pay tax under this Act, in respect of any goods, on the ground that the movement of such goods from one State to another was occasioned by reason of transfer of such goods by him to any other place of his business or to his agent or principal, as the case may be, and not by reason of sale, the burden of proving that the movement of those goods was so occasioned shall be on that dealer and for this purpose he may furnish to the assessing authority, within the prescribed time orwithin such further time as that authority may, for sufficient cause, permit, a declaration, duly filled and signed by the principal officer of the other place of business, or his agent or principal, as the case may be, containing the prescribed particulars in the prescribed form obtained from the prescribed authority, along with the evidence of despatch of such goods l[and if the dealer fails to furnish such declaration, then, the movement of such goods shall be deemed for all purposes of this Act to have been occasioned as a result of sale.

(2) If the assessing authority is satisfied after making such inquiry as he may deem necessary that the particulars contained in the declaration furnished by a dealer under sub-section (1) are true he may, at the time of, or at any time before the assessment of the tax payable by the dealer under this Act, make an order to that effect and thereupon the movement of goods to which the declaration related shall be deemed for the purpose of this Act to have been occasioned otherwise than as a result of sale.

Explanation.-In this section, "assessing authority", in relation to a dealer, means the authority for the time being competent to assess the tax payable by the dealer under this Act.

(Guest)

Is "Fom H" still valid in case of Expot Sale or CST has to be charged at full rate and the exporter will claim it back from Department. As per my understanding post VAT the Exporter has to claim back the tax amount from the Deptt.
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