Beruflich Dokumente
Kultur Dokumente
Sales Tax
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Purposes of Central Sales Tax Act
• CST Act derives powers from entry 92A / List 1 / Sch. VII of
C.O.I read with Article 269 & 286 reads as “Taxes on sale or
purchase of goods other than newspapers, where such sale or
purchase takes place in the course of inter-State trade or
commerce”
• The Parliament had passed the CST ACT with a view to -
1. Formulate the principles for determining as to when a sale or
purchase of goods takes place -
(i) in the course of inter-State trade or commerce; or
(ii) outside the State; or
(iii) in the course of import in India or export from India.
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Purposes of Central Sales Tax Act
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Central Sales Tax – Meanings of Terms
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Central Sales Tax Act – Section 3(a)
Sale occasions movement from one State to another – 3(a)
The Supreme Court, in the case of Balabhadas vs. State of
Orissa (1976) 37 STC 207, pointed out the following
conditions for treating a sale as an inter-State sale: -
(A) There is an agreement to sell which contains a stipulation,
express or implied, regarding the movement of the goods
from one State to another;
(B) In pursuance of the said contract, the goods in fact moved
from one State to another; and
(C) Ultimately a concluded sale takes place in the State where
the goods are send which must be different from the State
from which the goods moved.
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Central Sales Tax Act – Section 3(a)
Sale occasions movement from one State to another – 3(a)
Agreement to sell for movement of goods from one State to
another, either express or implied;
Physical Movement of goods from one State to another –
Mere passing through another State is not enough;
Sale to conclude in the Other State;
Property may pass in either State.
No difference between existing goods & unascertained
goods – SC – Two mixtures moving from other State, Mixed
and delivered at the buyers place - ISS
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Central Sales Tax Act – Section 3(a)
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Central Sales Tax Act – Section 3(a)
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Central Sales Tax Act – Section 3(b)
Sale by transfer of documents of titles – 3(b) –
Manner of “transfer” –
Endorsement or Delivery of documents - section 2(4) of the
Sale of Goods Act, 1930 as, “The phrase ‘Documents of title
to goods’ includes a bill of lading, dock-warrant,
warehouse-keeper’s certificate, wharfinger’s certificate,
railway receipt, warrant or order for the delivery of goods
and any other document used in the ordinary course of
business as proof of the possession or control of goods, or
authorising or purporting to authorise, either by
endorsement or by delivery, the possessor of the document
to transfer or receive goods there by represented
Authorization letter - No
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Sale Outside the State
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CONDITIONS
1) There Should Be A Dealer
2)he Should Be A Registered Dealer
3)he Must Carry On Any Business
4)sale Should Take Place
5)sale May Be To A Regd Or Unregd
Buyer
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DEALER U/S 2(b).
He Is A Person One Who Is Involved In
The Activities Of Buying ,Selling ,Distributing
The Goods Directly Or Indirectly Either For
Cash Or For Deferred Payment ,For
Commission ,Brokerage Etc
1)VOLUNTARY REGISTRATION OR
2)COMPULSORY REGISTRATION,