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From To
Lr. No. VAT Cell / 23722 /2007 (VCC No. 613) dated 31.5.2007.
Sir,
Tvl. SVS Classic Foods, Hasthampatty, Salem have requested rate of tax
clarification under the TNVAT Act, 2006, for which the following clarifications are
issued.
(1) If interstate sale is made to an unregistered dealer, the rate of tax under CST
Act will be the rate of tax applicable under TNVAT Act, 2006. i.e. 4% for the goods
mentioned in Part B of the First Schedule or 12.5% for the goods in Part C of the First
Schedule as the case may be and not at 4% only as stated by the dealers.
(2) If the goods are sold to interstate dealer at 3% against ‘C’; form and the
purchasing dealer is unable to furnish ‘C’ form, the selling dealer in Tamil Nadu has to
pay tax at the local rate of tax applicable under the TNVAT Act, 2006 i.e. 4% or 12.5%
as applicable and not at 4% only as stated by the dealer. If the local rate of tax applicable
is 12.5%, the dealer has to pay CST at 12.5% only for the sales not covered by ‘C’ form.
(3) If the interstate sales are covered by ‘C’ form (i.e. sales to registered dealer),
then only the dealers are eligible for input tax credit on the respective local purchases. In
other words, interstate sales to unregistered dealers are not eligible for input tax credit on
the respective local purchases according to Section 19(5)(c) of the TNVAT Act, 2006.
Sd./ G. Shanmugam,
For Commissioner of Commercial Taxes
// Forwarded / By Order //