Deduction inder DVAT-43 is appilicable to Interstate Sale?

[Rambabu Dompaka]

Dear Sir,

Below I’m mentioning my point of View for applicability of D VAT 43 (TDS on WCT) to our entity. Can you pls help in this regards

As per section 8 of the CST Act, transactions of Inter State Sales are liable for taxation under CST Act. State Government has no right to levy any tax on interstate sales. After insertion of works contract in the definition of sales under CST Act, interstate works contract (which were out of taxation purview due to legal fiction) has come under the purview of CST Act.

‘’NO STATE CAN LEVY TAX OR CUT TDS ON THE GOODS WHICH ARE IMPORTED (PURCHASED FROM OTHER STATE) AND WHICH ARE USED IN EXCUTION OF WORKS CONTRACT IN THAT STATE’’. The issue was considered by Gujarat HIGH COURT in LandT vs. Commissioner of Sales tax.

Even though, Our customers are deducting State TDS @ 4% and issuing DVAT-43.The same was not accepted in our state. So, what is the remedy for us Sir.

Please help on this matter.

With regards,

Rambabu.D

AI Summary

Interstate works contract TDS: registration under local VAT and assessment required to claim deducted tax refund.
Interstate works contracts are generally not subject to state TDS on goods imported from other states; where State VAT/TDS has been deducted, the taxpayer executing works contracts in Delhi must obtain registration under the DVAT Act and undergo assessment to pursue a refund of the improperly deducted TDS.