Adv. S Sharma (Lawyer) (574 Points)
30 June 2008Hi all,
Query - suppose, I m selling my diamond amounting to Rs. 12 Lakh to my friend, should I and my friend pay VAT on that. I and my friend not doing the business of diamond. we are govt. Employees ? (Delhi VAT)
If No, thn please tell the relevant provisions.
Thx nd Rehards,
Sachin
sunil
(333 Points)
Replied 30 June 2008
Dear ,
Please always mention the name of state if querry related to VAT or profession tax, so that an expert can give the relevent provision.
Adv. S Sharma
(Lawyer)
(574 Points)
Replied 30 June 2008
Hello Sir,
Sorry, its under DVAT, I modified also
CA Rajesh S
(Chartered Accountant)
(1581 Points)
Replied 01 July 2008
No , VAT is applicable only if you are a trader, if you are a diamond dealer then irrespective of whom u sell it will attaract VAT, As u have mentioned that you are not a diomond trader and this is one off case, VAT does not apply here.
Adv. S Sharma
(Lawyer)
(574 Points)
Replied 01 July 2008
Hi Rajesh
Thanks, but dealer definition uplifting the confusion, its saying sale either once or otherwise,,,,, it actly saying sales at once liable to sales tax. plz tell me the provision which supports your view.
thx and best regards,
Sachin
Sanjeev Kumar
(Private)
(895 Points)
Replied 02 July 2008
only on the basis of selling a goods once, VAT not effected. for being vat liability imported factor is the person should be a dealer and a business and transaction should be in relation of business wether it is directly or indirectly effected your business. in the light of provisions under DVAT act it seems you would not be covered under VAT regime.
Adv. S Sharma
(Lawyer)
(574 Points)
Replied 02 July 2008
Hi Sanjeev
Thank you,
can you tell me the DVAT provisions which support yours view.
warm regards,
Sachin
25 Hours GST Scrutiny of Return and Notice Handling(With Recording)
Survey, Search and Seizure under Income Tax Act 1961
CAclubindia
