Second hand computer

[Ankit Bhansali]

Service provider client has purchased computer and used it for the company. they have not taken any input vat credit on it.

Now they want to give the computer to the Retiring employee, Is they liable to charge VAT on the Second hand Laptop.

[YAGAY andSUN]

VAT @ 6% would be chargeable on the transaction value of the invoice on sale of computer.

[DR.MARIAPPAN GOVINDARAJAN]

Yes, VAT is applicable.

[Ankit Bhansali]

Can you give us the relevent section.

[Ganeshan Kalyani]

Computer falls under Schedule C of Maharashtra Value Added Tax Act, accordingly the rate of tax is 6%.

[Ankit Bhansali]

Can we claim input tax credit on the purchase of computer. We have purchased the computer on MRP used it and than sale to the staff.

Also how to pay the VAT of last year , If we have taken the number in current year.

[YAGAY andSUN]

If not earlier charged and paid then you would have to pay it along with applicable interest @ 18% now.

[Ganeshan Kalyani]

In Maharashtra the input credit on the item debited to P&L is eligible for credit. However the principal of in or in relation to manufacturing of goods is significant. Whether your main activity is selling computer.

You may take a call now.

[YAGAY andSUN]

Please also check the definition of Goods as well as sale under GVAT Act.

AI Summary

VAT chargeability on transfer of used company computer to employee requires tax payment and possible interest for earlier non-payment. VAT applies when a company transfers a used computer to an employee and had not claimed input tax credit; the transfer is treated as a taxable sale under the VAT schedule, requiring remittance of tax based on the invoice value and payment of applicable interest if tax was omitted. Availability of input tax credit depends on prior accounting treatment and whether the purchase relates to the vendor's taxable activity, and requires checking statutory definitions and schedule classification.