s s sadhique (business) (59 Points)
25 May 2010One of my dealer purchases goods locally (in Tamil Nadu) and selling it to other state. The materials purchased attracts 12.5% VAT and the accumulaed input VAT runs to lakhs of Rupees. As the dealer is selling the goods to Interstate he could not able to adjust the input VAT. My questing is
1) Is it possible for the dealer to get refund of Input Vat Credit? if not what are the other source to adjust the input Vat
2) Is there any possibility to ajdust it against CST payable?
Please help me.
CMA.Baskar.V
(Cost Accountant)
(400 Points)
Replied 25 May 2010
As per my knowledge, we can not adjust VAT input credit against CST tax liabity.
C.Balaji
(Learner)
(1867 Points)
Replied 25 May 2010
Dear Sir...
I do think.....CST cannot be adjusted against the Input Vat Credit...
Somaas Kandan
(CA Final)
(385 Points)
Replied 26 May 2010
Input Vat to be adjusted with Output Vat first, if not then it can adjusted with CST.
CMA.Baskar.V
(Cost Accountant)
(400 Points)
Replied 26 May 2010
Dear Somaas,
"Input Vat to be adjusted with Output Vat first, if not then it can adjusted with CST."
In VAT act not such provision and i think you reply with reference to service tax credit rule. According to service tax credit rules, you can adjust excess of service tax input credit, you can adjust with excise duty. The said rule not appliable to VAT.
Please review your point.
C.Balaji
(Learner)
(1867 Points)
Replied 26 May 2010
Yes... i do agree with Baskar sir....
Input Vat credit cannot be adjusted against CST....
obeid
(learner)
(292 Points)
Replied 26 May 2010
Dear Sadhique
ITC can be adjusted in CST. I have done it many times. There is a provision in e return i.e "payment adjustment" in that u can fill the ITC to be adjusted against CST.
obeid
(learner)
(292 Points)
Replied 26 May 2010
Refund can also be claimed for the balance after the adjustment
CMA.Baskar.V
(Cost Accountant)
(400 Points)
Replied 27 May 2010
Dear Mr.Obied,
Payment adjustment field defined for any excess payment made eariler period or any sales return CST adjustment, not for Input credit adjustment.
In CST act, no provision to adjust input credit adjustment. Please once again review your point.
obeid
(learner)
(292 Points)
Replied 27 May 2010
Dear Mr.Baskar,
ITC is only in VAT act and not in CST as you have mentioned. What am I telling is that we can adjust the excess ITC available for the payment of CST instead of claiming refund. Payment adjustment details includes amount adjusted towards tax payable in Form 1 (CST)
CMA.Baskar.V
(Cost Accountant)
(400 Points)
Replied 12 June 2010
Dear Raja,
Can you provide respective act section details for my reference.
raja
(Sr. Excecutive Commercial)
(32 Points)
Replied 12 June 2010
Under TNVATRules 2007 please refer 10-10(b).
Further, Please go through the VAT monthly Return Coloum B for your Reference.
kanagaraj
(CHARTERED ACCOUNTANT)
(793 Points)
Replied 12 June 2010
Dear Sadiqque as per TNVAT Rules you can adjust the Input provide the said dealer is Registered under the CST ACT and C forms must be produced. Below is the Rules.
(9) (a) Input tax credit on inter-state sales shall be allowed only if Form C prescribed in the Central Sales
Tax (Registration and Turnover) Rules, 1957 is filed.
(b) Input tax credit on transfer of goods falling under section 6-A of the Central Sales Tax Act, 1956
shall be allowed only if Form F prescribed in the Central Sales Tax (Registration and Turnover) Rules, 1957 is filed
B.DHANA PRIYA
(ARTICLE ASSISTANT)
(40 Points)
Replied 29 September 2010
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