Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Can C form issued without Excise Value

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dear Sir, We are only service provider of Generator registered under Service Tax VAT. We bought generators as capital goods against form C, including excise duty value. And as we are service provider, we use EXCISE DUTY as input in service tax returns. Now we had issued C form for generators on basic value(i.e. without excise duty). Kindly advise is there any relevant judgement in support o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f the above case, which proves there's no need to change the C-form. Regards Bunty Mb:7011557912 - Reply By YAGAY and SUN - The Reply = Through your query we understand that you have sold the Gen Set on the basic value plus CST at applicable rate prior to GST Regime. In our view you need to pay the excise duty after deducting the 2.5% depreciation on the CENVAT credit amount per quarter. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - Reply By Bunty Valliya - The Reply = Sir We bought genset, and having invoice mentioned excise duty and vat. But we are providing services for rental of genset. Can we issue the C form only for basic value of invoice...? - Reply By YAGAY and SUN - The Reply = You mean to say right to use. - Reply By Bunty Valliya - The Reply = Sir We bought genset from Mahindra against C form, for that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... we had received invoice having basic value+ excise duty+cst2'/. And we treated this purchase as capital goods against C form and utilities excise duty in service tax input. Then we don't sell the genset, we only provide the genset on rental basis and charge services tax from customers. And now I had issued C form to Mahindra for basic value only. But they denied to accept it. They wa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt C form having total value of invoice, i.e. basic+excise+cst2'/. - Reply By PGVENKATA SUBRAMANIYAN - The Reply = Form C shall be issued only for Taxable Value or assessable value. In other words the value on which CST 2% charged. Otherwise AO may reject the Form C because of defect value. - Reply By SHIVKUMAR SHARMA - The Reply = I agree with the View of Mr.S Subramaniyan - Reply By SH .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... IVKUMAR SHARMA - The Reply = Sorry, please read the Name of Expert Mr PGVENKATA SUBRAMANIYAN instead of Mr.S Subramaniyan . - Reply By YAGAY and SUN - The Reply = In our views C Form is required to be issued for the Taxable Value (i.e. Total value - CST @ 2% = Taxable Value). - Reply By KASTURI SETHI - The Reply = M/s.YAGAY and SUN,. Dear Sirs, The element of Service Tax should not have .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... been the part of query. Form C and Service Tax are not linked at all. Am I right ? Pl. Reply for enrichment of my knowledge. Thanks and Regards. K.L.Sethi - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = What Kasthuri Sir says is correct. - Reply By YAGAY and SUN - The Reply = There are plethora of judgments which says the C form must .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... be issued net of tax levied. Even Haryana VAT Department/ Delhi VAT Department had issued clarification/Advance Rulings on this matter. If required we can share. - Can C form issued without Excise Value - Query Started By: - Bunty Valliya Dated:- 25-5-2018 Value Added Tax - VAT-CST - Got 11 Replies - VAT and Sales Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates