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VAT - urgent

Ajay Jain (Advocate) (83 Points)

23 October 2007

hi friends

i am Delhi based Charteredc Accountant. I dont hav any sales tax registeration no because i m not selling any thing. I sold all furniture of my office because i want to redecorate my office. the sale of furniture vide amounting to

Situation (i) Rs 4,50,000/-

Situation (ii) Rs. 5,50,000/-.

so my question, is i m liable to pay VAT / Sales Tax on Furniture sale ?

My sale is situation (i) Local sale, situtation (ii) Inter Satate Sale

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4 Replies

(Guest)

No, You are not liable to pay VAT/Sales Tax as your are not doing business of same. Its is the same case as one sales its proverty.

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Ajay Jain (Advocate) (83 Points)
Replied 25 October 2007

thx Mr Pravin, but can refer any citation/judgement in respect of this transaction.

Ajay Jain (Advocate) (83 Points)
Replied 25 October 2007

thx Mr Pravin, but can refer any citation/judgement in respect of this transaction

(Guest)

hi all well i post this topic last week, even after 7-8 days i didnt get any good reply from this CA Club. its so funnyyyyy. somebdy is talking about CAPITAL ASSEST/GOOD IS FURNITURE. i want to ask him , had he read the definition of capital assest in the CST AND DVAT ? No CAPITAL GOOD IN DVAT = means plant and machinery and equipment used in the process of trade or manufacturing : so is furniture fall in the scope of CAPITAL GOOD ? i think NO. suppose if u go in interview and if urs ans is this "one sales its proverty" can they peopl recruit u ? No Never. i asked about judgement but nobody gave any ans, whats this yar ? under VAT/SALES TAX any sale by dealer either regularly or otherwise is liable to sales tax. so if there is one sale , it will be liable to sales tax. otherwise means one sale and if u say seasonal then seasonal sale fall in the scope of regular sale. i m here talking about furnitur and furniture doen not fall in the scope of CAPITAL GOOD/ASSEST therfore it also does not fall in the scope of section 18 of DVAT. SECTION 18(3) excludes CAPITAL ASSEST , winding up the dealers activity and permanent diminution of dealers activity only Can Mr. Ajay tell me is furniture fall in the scope of Caital Assest. Kindly see the definition of caiptal assest and dealer in both CST and DVAT. no body given any judgement on this also uff, i hope some reply will come with perfaction or with conceptual clarity.