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Issue ID: 860
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Claim of CST

Date 08 Aug 2008
Replies1 Reply
Views 1010 Views
CST rate determination: buyer sought reduced rate without Form C, seller advised to invoke Central Sales Tax Act provisions.
Dispute whether a purchaser can deduct differential central sales tax by issuing a debit note when refusing to furnish Form C; adviser refers to Central Sales Tax Act provisions governing applicable rate and documentation as determinative of entitlement to recover the balance tax. (AI Summary)

We are registered dealer in D VAT and sold fire fighting equipments to one of our client in Gurgaon and charged CST @ 12.5% but our client insisted to charge CST @ 3% and they confirm that they can not issue Form “C” also. They also issued a Debit Note for 9.5% CST . Please suggest can they deduct the amount. If they cant deduct, under which section I Can claim the balance 9.5% CST from my client.

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Replied on Aug 9, 2008
1.

please refer to section 8(1) read with section 8(4) of the Central Sales Tax Act, 1956

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