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Point os sale in connection with the IPR

Binu Karuthedath

Dear Sir

How we can determine the point of sales in connection with IPR interstate sale for VAT payment

Point of taxation: for IPR transfers, determined by assignment, invoice issuance, or earliest agreement triggering right to use. Point of sale for interstate IPR transfers is treated variously as the date of assignment of the right to use, the invoice date as evidence of intent to sell, or the earliest of agreement date, invoice date, or permanent grant of the right to use; each alternative determines the timing of VAT liability and compliance obligations. (AI Summary)
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JSW CEMENTLIMITED on Aug 11, 2016

In my opinion, the day when the right to use the intellectual property has been assigned to buyer, the date and time of such assignment shall be the point of sale.

Ganeshan Kalyani on Aug 11, 2016

Sir, the point of taxation is the time when the sale takes place and when the sale is said to have taken place is the time when there is an intent to sale and when an intent to sale is said to have taken place is the time when the invoice is raised. Hence the point of taxation is the date of invoice. This is my view. Thanks.

YAGAY andSUN on Sep 10, 2016

Date of Agreement or date of Invoice or date of right to use of IPR permanently (which ever is earlier) would be the point of tax in VAT matters.

Ganeshan Kalyani on Sep 11, 2016

Thanks for your enriching reply. Thanks.

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