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VAT - Highlights / Catch Notes

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Inter state sale or Intra-state sale - elevators are sold to the ...


Court Rules Elevator Sales Cannot Be Reclassified as Local for VAT; Upholds Inter-State Transaction Status.

September 18, 2021

Case Laws     VAT and Sales Tax     HC

Inter state sale or Intra-state sale - elevators are sold to the contractees - If we understand correctly what the Assessing Officer is trying to convey is that had the petitioner from its branch offices brought the machinery within the State and thereafter transferred the title in the goods into the contractees, the same would have amounted to local sale and, therefore, local VAT would have been applicable. This is not a matter of desire of the Assessing Officer where the sale should take place so that the same would be inter-state sale or intrastate sale - the Assessing Officer by way of artificial means tried to tax the same transaction again as a local sale demanding VAT which was wholly impermissible. - HC

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