Tax & Management Consultant
38 Points
Joined February 2009
In Tamilnadu under TNVAT Act 2006, If in a Jewellery Shop, Old Gold is purchased u/s 12 of TNVAT Act 2006, 1% purchase tax is paid in the current month. The TNVAT website automatically gives it as ITC (Input Tax Credit) c/fd for the next month. But the AO claims that for example
Old Gold Purc - 50 L (1%Tax) 50K
Payment in Current month 50 K
No Sales this month.
Next month ITC b/fd 50K
Sales - 60 L (1% Tax) 60K
To pay (after adjusting ITC 50K which is purc tax) 10 K
But AO says that purc u/s 12 is again added to your Sales Turnover as follows
Sales 60 L + u/s 12 Purc 50L = 1.10 C
Hence Input Tax Credit availed by paying purchase tax u/s 12 is adjusted for the deemed addition of Purchase turnover to Sales Turnover.
Hence ITC on purchase tax is effectively Nill.
Please comment on this strong interpretations and case laws.
Thanking you in advance