Sales Tax

Sales tax is due when?

Central Sales Tax inter-state trade or commerce in the course of a business or a state or outside, or in the course of import, export from India, usually by the sale of all items is due.

Interstate's sales?

According to S3, to a sale or purchase in interstate or the following business cases, in the course of commerce shall be deemed to take place:

    * The sale or purchase occasions movement of goods from one state to another;
    * The sale of goods during their movement from one state to another for the title transfer documents is affected.

Where the cargo carrier or other bailee for transmission, for the purpose of section is given to the movement of goods (b) above, starting at the time of such delivery and time when such delivery is taken considered eliminated in the carrier or bailee. Also, the freight movement begins and ends in the same state, to the movement of goods, shall not be deemed a state to another.

In the course of interstate trade as a sale, there should be an obligation to transport goods out of state. Obligation of the seller or buyer may be. Or understanding between the parties or between them or compromise, or the law of the contract due to the transaction, which related to the sale of such transactions may arise from nature. There should be a contract between seller and buyer. In terms of the contract, the goods must be moved from one state to another. If no contract, no inter-state sale is.

There is an interstate sale if the buyer and seller can be of the same state, even if a state sale of goods as a result of a contract to move to another, or, the goods are sold while they in transit by the transfer of documents.

To the sales tax is payable? By whom is it payable?

Authority in the state sales tax is due on sales of which began the movement of goods. That any inter-State trade or commerce affected by them in the course of the sale of goods paid by every business, even if the tax liability for sales of goods by an appropriate state laws arises.

Possible insult, which can be determined that are liable to be punished? What are the penalties for such crimes?

Crimes may be committed, penalties, set to be summarized as below. Crime, section10, under normal punishable with imprisonment with or without a fine (up to 6months) are.

   1. Giving false declaration in form C, EI, E-II, F or H, which he knows or has reason to believe that it is wrong.
   2. No CST Act, unless registered or not complying with security-related provisions are required to be registered under.
   3. A registered dealer that the goods purchased, your certificate of registration under the covers for a discounted rate by the false representation.
   4. Falsely representing that he is a registered dealer, although he is not.
   5. Abuse or use for different purposes, materials, obtained at a discounted rate under C form.
   6. Form C, as per the provisions of the CST Act is not obtained after the occupation.
   7. Collect any amount, sales tax or CST as represented by an unregistered dealer in contravention of the provisions of the Act by a registered dealer.


What a company in liquidation in respect of payment of Central Sales Tax liability? What is the liability of directors of a private company?

If a liquidator or receiver is appointed in the case of a company, its placement within 30 days of the sales tax authorities should be informed. Sales Tax Authority within 3 months her company in liquidation amount of the tax due will be intimate. Sales tax authorities "liquidation in a matter of priority" creditors are.

Terminator on one side of the company's assets as reported by Sales Tax Department before setting the amount of dues will not settle. Liquidator, but may be any of such property or a court order or in compliance with the tax, payable by the company under CST Act for the purpose of paying the debt for which any property secured creditors to pay or part with Government debt due on the date of liquidation, or entitled under the law of priority of payment, such costs and expenses to meet the company's termination, as the appropriate authority in the opinion, reasonable.


On payment of central sales tax liability of the directors of a private company is?

If a private limited company is in liquidation and any tax, company valuation, can not be recovered, it becomes a personal liability of directors, jointly and severally.


But directors can avoid liability if they do not pay to prove that neglect misfeasance, or violation of duty on the part of directors was not due to the Company regarding matters.


Electricity sales tax levy

   1. No state sales tax on any sale or levy can purchase where such sale or purchase takes place
          * Out of state and
          * In the course of import of goods into or export of goods outside India.
   2. Parliament only inter-state sale or purchase of goods can levy


The main principles of state sales tax law

   1. To a sale or purchase of goods to take place when existing goods or future goods to the idea of money in the property transfer takes place is called.
   2. Different categories of goods and sales tax rate is divided into different are charged for different categories of goods.
   3. Most of the cases relating to sales tax, tax on sale or purchase of goods at a single point.
   4. Some state laws assess manufacturer, trader are divided into several categories, such as the provisions of the agents, etc. and the effect of a registration certificate required to assess, under sales. Sale or purchase is to submit certain forms or certificates as the dealer in its category, manufacturer, etc. is put on by the assessee (and sales tax rates are levied in the difference).
   5. Generally, the sale or purchase of a quarter is focused on return and the assessee is required to submit the return in the prescribed form.
   6. Evaluation of the time, the assessee to submit all documentary evidence and related sales tax / commercial tax officer is satisfied.
   7. State sales tax law to be followed in case of an assessee preferred an appeal process writing.
   8. Each merchant apply for registration and a registration certificate to that effect should be. Registration certificate number of all bills / cash memos should be cited.


Inter-State sale transactions do not amount

Not all inter-state sale of goods from one state to another but also dispatches for the result of movement or sale of the contract agreement must be due to the event. There are some instances where goods sold outside the state have gone and yet they do not consider inter-state sale are: -

    * Inter-state sale
    * Share of head office branch and vice versa to transfer
    * Import and export sale or purchase
    Sale through commission agents * / account sales
    Work contract to execute delivery of goods *


Sales Tax ID number

Basically a state sales tax ID number is your Social Security number under which you submit and any service or product that qualifies for taxation in your state, you pay to sell a commercial version. Department of Taxation provides state sales tax ID numbers and it takes about a month to get one.


The rule of thumb for sales tax is that most services are exempt and most products are taxable except for food and drugs. However, the state gradually make the services that are taxable for the last few years, adding to the list. Check with your state department of taxation, the product or service you sell is taxable in your state to determine.


Sales tax exception

    Wholesalers and retailers that have a valid state resale certificate * as sales to resellers.
    * Tax-exempt institutions such as schools or charity sales


The forms are being filled?

    * Form C;
    * Form D;
    * Form G;
    * E-I and E-II form.

0 comments:

Blog Archive