TaxTMI 
TaxTMI 
Can C form issued without Excise Value
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....an C form issued without Excise Value<br> Query (Issue) Started By: - Bunty Valliya Dated:- 25-5-2018 Last Reply Date:- 28-5-2018 VAT + CST<br>Got 11 Replies<br>VAT / Sales Tax<br>Dear Sir, We are only service provider of Generator & registered under Service Tax & VAT. We bought generators as capital goods against form C, including excise duty value. And as we are service provider, we use EXCISE....
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.... DUTY as input in service tax returns. Now we had issued C form for generators on basic value(i.e. without excise duty). Kindly advise is there any relevant judgement in support of the above case, which proves there's no need to change the C-form. Regards Bunty Mb:7011557912 Reply By YAGAY and SUN: The Reply: Through your query we understand that you have sold the Gen Set on the basic v....
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....alue plus CST at applicable rate prior to GST Regime. In our view you need to pay the excise duty after deducting the 2.5% depreciation on the CENVAT credit amount per quarter. Reply By Bunty Valliya: The Reply: Sir We bought genset, and having invoice mentioned excise duty and vat. But we are providing services for rental of genset. Can we issue the C form only for basic value of invoice...? ....
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.... Reply By YAGAY and SUN: The Reply: You mean to say right to use. Reply By Bunty Valliya: The Reply: Sir We bought genset from Mahindra against C form, for that we had received invoice having basic value+ excise duty+cst2'/. And we treated this purchase as capital goods against C form and utilities excise duty in service tax input. Then we don't sell the genset, we only provide the ....
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....genset on rental basis and charge services tax from customers. And now I had issued C form to Mahindra for basic value only. But they denied to accept it. They want C form having total value of invoice, i.e. basic+excise+cst2'/. Reply By PGVENKATA SUBRAMANIYAN: The Reply: Form C shall be issued only for Taxable Value or assessable value. In other words the value on which CST 2% charged. Ot....
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....herwise AO may reject the Form C because of defect value. Reply By SHIVKUMAR SHARMA: The Reply: I agree with the View of Mr.S Subramaniyan Reply By SHIVKUMAR SHARMA: The Reply: Sorry, please read the Name of Expert Mr PGVENKATA SUBRAMANIYAN instead of Mr.S Subramaniyan . Reply By YAGAY and SUN: The Reply: In our views C Form is required to be issued for the Taxable Value (i.e. Total value - ....
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....CST @ 2% = Taxable Value). Reply By KASTURI SETHI: The Reply: M/s.YAGAY and SUN,. Dear Sirs, The element of Service Tax should not have been the part of query. Form C and Service Tax are not linked at all. Am I right ? Pl. Reply for enrichment of my knowledge. Thanks and Regards. K.L.Sethi Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: What Kasthuri Sir says is correct. Reply By YAGAY and SUN....
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....: The Reply: There are plethora of judgments which says the C form must be issued net of tax levied. Even Haryana VAT Department/ Delhi VAT Department had issued clarification/Advance Rulings on this matter. If required we can share.<br> Discussion Forum - Knowledge Sharing ....