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Tax on Inter-state Sales
Every dealer is liable to pay tax under the Central Sales
Tax Act, on all sales of goods (other than Electrical Energy) effected by him
in the course of inter-state trade or commerce during the year. The tax is
payable if the sale or purchase:
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occasions the
movement of goods from one state to another, or
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is effected by
a transfer of documents of title to the goods during their movement from one
state to another.
Further, the dealer is liable to pay tax under this Act on
sale of taxable goods effected by him in the course of inter-state trade or
commerce, notwithstanding the turnover limit of sales or purchases for
registration and liability for tax has not exceeded under the State Tax Laws
of the appropriate State.
No tax is payable under this Act on
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Any transaction
of sale in the course of export out of the territory of India. [Section
5(1)].
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Sale in the
course of import or sale effected by transfer of document of title to the
goods before it crosses the custom frontier of India popularly known as
"High Seas Sale". [Section 5(2)]
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Sale of goods
to the exporter for the purpose of complying with pre-existing export order
or agreement against Form H. [Section 5(3)]
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Any subsequent
sale, during inter-state movement of goods, effected by transfer of
documents is exempted if the sale is made to a registered dealer, provided
the prescribed declarations are obtained from the supplier and the purchaser
of such goods. [Section 6(2)]
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Inter-State
sale of goods to any foreign diplomats/mission/consulates/United Nations,
etc. against Form J. [Section 6(3)]
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Inter-State
stock transfer against Form F. [Section 6A]
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Sale of goods
to:
(a) Developer of SEZ; (b) Unit situated in SEZ against
Form I [Section 8(6)]
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Sale of goods to notified persons against Form "J"
[Section 8(4)]
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Sale includes deemed sale
The Finance Act, 2002 has substituted the
definition of sale under the CST Act. The amended definition is as follows:
(g) "sale", with its grammatical variations and
cognate expressions, means any transfer of property in goods by one person to
another for cash or deferred payment or for any other valuable consideration
and includes,
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a transfer,
otherwise than in pursuance of a contract, of property in any goods for
cash, deferred payment or other valuable consideration;
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a transfer of
property in goods (whether as goods or in some other form) involved in the
execution of a works contract;
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a delivery of
goods on hire-purchase or any system of payment by instalments;
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a transfer of
the right to use any goods for any purpose (whether or not for a specified
period) for cash, deferred payment or other valuable consideration;
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a supply of
goods by any unincorporated association or body of persons to a member
thereof for cash, deferred payment or other valuable consideration;
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a supply, by
way of or as part of any service or in any other manner whatsoever, of
goods, being food or any other article for human consumption or any drink
(whether or not intoxicating), where such supply or service, is for cash,
deferred payment or other valuable consideration.
But does not include a mortgage or hypothecation of or a
charge or pledge on goods.
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Registration
A single inter-state sale of any amount effected
by a dealer attracts tax liability under the Central Sales Tax Act and
consequential liability for obtaining certificate of registration. The
application for registration shall be made within 30 days from the date on
which the first inter-state sale is effected. However, the dealers registered
under the State Sales Tax Act may get voluntary registration under this Act
even without effecting any inter-state sale.
The prescribed authority, to whom the application
is made, if satisfied that the application is in conformity with the
provisions of this Act and Rules made thereunder, shall register the applicant
and grant to him a certificate of registration in prescribed form.
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Rates of Tax
Rates of tax on sales in the course of inter-state trade or
commerce are prescribed by Sec. 8 of the Act. Accordingly, tax is to be
charged as follows: (w.e.f. 1-6-2008)
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Supported by
Form 'C
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Without C Form |
A. |
Declared Goods |
2% |
Local rate |
B. |
Other Goods |
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If rate of tax on such goods under the local
Act: |
|
|
|
1) |
Nil |
Nil |
Nil |
|
2) |
Less than 2% |
Local rate |
Local rate |
|
3) |
2%
or more |
2% |
Local rate |
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Branch Transfers
Transfer of goods from one state to another to
ones own place of business is exempt. A declaration in Form F must be
obtained from the branch.
One F form has to be issued for each month. Proof
of dispatch is no more sufficient proof of Branch Transfer.
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Export-Import
Transactions of export of goods outside India or import of
goods from out of India are exempt from tax. Sales/purchases effected by
transfer of documents of title to goods before (in the case of import) or
after (in the case of export) the goods cross the customs frontiers of India
are also exempt u/s. 5 of the Act. Further, sales to exporters selling goods
directly to their purchasers in other countries, against prior export orders
are also exempt. A declaration in Form H is to be obtained from such
exporters.
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Issue of C Forms
Dealers effecting sales in the course of inter-state trade
shall get declaration in Form C from the purchaser of goods. The department
shall issue such forms in triplicate to the purchaser, the purchaser should
send two copies to the seller. The original is to be submitted by the selling
dealer to the authorities concerned, and the duplicate is to be kept in his
record.
The purchasing dealer is required to get these forms from
the prescribed authority under his seal and signature. The dealer issuing the
forms shall keep a record of forms used by him.
C form declarations can be issued by dealers registered
under the Central Sales Tax Act, in respect of those goods only, which are
included in the relevant list of their Registration Certificate under the
Central Sales Tax Act, for resale, for packing, for use in the manufacture or
processing of goods for sale, or for use in mining or for use in
telecommunication network or for use in the generation or distribution of
electricity or any other form of power.
Earlier, one single C/D Form could be issued for all sales
bills of the selling dealer for all the transactions effected during one
financial year. However now, w.e.f. 1st October, 2005, the C forms are
required to be issued one for each calendar quarter..
D form declarations can be issued, for any goods
purchased, by the Central Government or the State Government only. This
facility has been discontinued w.e.f. 1st April, 2007. Now the Government
Department has to purchase the same against payment of full rate of tax.
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Subsequent Inter-state Sales
For the purposes of S. 6(2), providing for exemption from
payment of Central Sales Tax on subsequent inter-state sales, certificates in
Form E-I or E-II have to be issued by the selling dealers to the purchasing
dealers and Form C is to be obtained from purchasing dealer.
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Payment of Taxes
The tax should be collected by the registered dealer, who
sells the goods in the course of inter-state trade or commerce and shall be
paid to the Government treasury in challan No. MTR 6, along with a return,
within the time as may be prescribed by the State Government in the local Act.
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Offences and Penalties
Simple imprisonment up to six months or fine of any amount
or both, are provided for the following offences:
1. Furnishing false declarations/certificates;
2. Failure to get registered or to furnish security;
3. False representation, while purchasing goods, that the
goods are covered by registration certificate;
4. False representation about being registered dealers;
5. Failure, without reasonable excuse, to use goods for the
purpose certified in the C form declaration;
6. Collection of Central Sales Tax contrary to S. 9A.
Penalty in lieu of prosecution is provided for offences
covered by sub-paras (3), (4) and (5) above. Compounding of all offences has
been provided. Special provisions have been made for companies in liquidation
and personal liability of directors of private limited companies which are
wound up.
Further, interests and penalties for late filing of return
or late payments, etc. are to be governed by the law prevailing in the
appropriate State. In view of the amendment vide Finance
Act, 2000.
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Declared Goods
Section 14 covers the following declared goods which are
subject to tax under a State Sales Tax law at a rate not exceeding 4%. (The
limit increased to 5%, vide Finance Act, 2011, w.e.f. 1st May, 2011)
These are:
Specific types of cereals (i.e., paddy, wheat, rice, jowar,
bajra, maize, etc.), coal including coke in all its forms but excluding
charcoal, cotton, cotton fabrics, man-made fabrics and woollen fabrics falling
under certain headings in the Schedule to the Central Excise Tariff Act, 1985,
cotton yarn, but not including cotton yarn waste, crude oil even when
subjected to certain processes, hides and skins, whether in a raw or dressed
state, certain types of iron and steel materials, jute, certain types of
oilseeds, certain types of pulses and sugar falling under certain sub-headings
in the Schedule to the Central Excise Tariff Act, 1985, Aviation Turbine Fuel
sold to Turbo-Prop Aircraft and sponge iron.