| 54. Non-admissibility of set-off. M. VAT RULES | |
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54. Non-admissibility of set-off. -No set-off under any rule shall be admissible in respect of, - (a) purchases of motor vehicles (being passenger vehicles) which are treated by the claimant dealer as capital assets and parts, components and accessories thereof unless the claimant dealer is engaged in the business of transferring the right to use (whether or not for a specified period) for any purpose, in respect of the said vehicles and the expression "motor vehicles" and "goods vehicles" shall have the same meanings as respectively assigned to them in the Motor Vehicles Act, 1988;
(In the above rule 51 sub-rule (1) for the words “(not being goods vehicles)” the words “(being passenger vehicles)” are substituted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006.
(b) purchases of motor spirits as notified under sub-section (4) of section 41 unless such motor spirits are resold or sold in the course of inter-State trade or commerce or in the course of export out of the territory of India or are sent, not by reason of sale, outside the State to any place within India by the claimant dealer to his own place of business, or the place of business of an agent or where the claimant dealer is a commission agent, to the place of business of his principal;
(c) purchase of crude oil as described in section 14 of the Central Sales Tax Act, 1956, when used by an oil refinery for refining;
(d) any purchase of consumables or of goods treated as capital assets by the claimant dealer where the dealer is principally engaged in doing job work or labour work and is not engaged in the business of manufacturing of goods for sale by him and incidental to the business of job work or labour work any waste or scrap goods are obtained and are sold;
(e)any purchase made by any dealer to whom an Entitlement certificate to claim incentives by way of exemption from tax or deferment of tax has been granted, being purchases of raw materials as defined in rule 80.
(In clause (e) of rule 54 after the words “Entitlement Certificate” the following words and figures are added, namely:-“except the Entitlement Certificate under the New Package Scheme of Incentive for Tourism Projects - 1999.” And new clause (e) is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(e) any purchase made by any dealer to whom an Entitlement Certificate except the Entitlement Certificate under the New Package Scheme of Incentive for Tourism Projects - 1999 to claim incentives by way of exemption from tax or deferment of tax has been granted, being purchases of raw materials as defined in rule 80.
(f) any purchase of goods of incorporeal or intangible nature other than import licence, exim scrips, special import licence, duty free advance licence, export permit or licence or quota and credit of duty entitlement pass book and in the hands of a dealer who is trading in software, purchases of software packages.
(g)purchases effected by way of works contract where the contract results in immovable property,
(h)purchases of building material which are not resold but are used in the activity of construction,
(i) purchases of office equipment, furniture, fixture and electrical installation if such goods purchased are treated by the claimant dealer as capital assets.
(For the above clauses (f), (g), (h) and (i) following clauses (f), (g), (h) and (i) are substituted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(f) any purchase of goods of incorporeal or intangible nature other than,
(i) import licence, export permit or licence or quota, credit of duty entitlement pass book, SIM cards;
(In clause (f), in sub-clause (i), after the words “credit of duty entitlement pass book” the words “, Duty free Replenishment Certificate” are inserted, And amended clause (f), sub-clause (i) is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(i) import licence, export permit or licence or quota, credit of duty entitlement pass book, Duty free Replenishment Certificate, SIM cards;
(i) software in the hands of a dealer who is trading in software;
(ii) Copyright which is resold within twelve months of the date of purchase.
(g) purchases effected by the employer by way of works contract when the contract results in immovable property other than plant and machinery;
(h) purchases of any goods by a dealer, the property in which is not transferred [whether as goods or in some other form] to any other person, which are used in the erection of immovable property other than plant and machinery ;
(i) purchases of Indian Made Foreign Liquor or of country Liquor if the dealer has opted for composition under sub-section (2) of section 42.
(j) purchases made of mandap, tarpaulin, pandal, shamiana, decoration of such mandap, pandal or shamiana, and furniture, fixtures, lights and light fittings, floor coverings, utensils and other articles ordinarily used alongwith a mandap, pandal or shamiana if the purchasing dealer has opted for composition of tax under sub-section (4) of section 42.
(In clause (j), after the words “purchases made” the words, figures and letters “ on or after the 20th June 2006” are inserted, And amended clause (j), is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(j) purchases made on or after the 20th June 2006 of mandap, tarpaulin, pandal, shamiana, decoration of such mandap, pandal or shamiana, and furniture, fixtures, lights and light fittings, floor coverings, utensils and other articles ordinarily used alongwith a mandap, pandal or shamiana if the purchasing dealer has opted for composition of tax under sub-section (4) of section 42.
(k) purchases made on or after 1st April 2005 by a hotelier, which are treated by him as capital assets and which do not pertain to the supply by way of or as part of service or in any other manner whatsoever of goods, being food or any other article for human consumption or any drink [whether or not intoxicating ] where such supply or service is made or given for cash, deferred payment or other valuable consideration.
(The above clauses (j) and (k) are newly inserted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(l) purchases of office equipment, furniture, fixture and electrical installation by a claimant dealer during the period commencing from the 1st April 2005 and ending on the 7th September 2006 if such goods purchased are treated by the claimant dealer as capital assets and the claimant dealer is not engaged in the business of transferring the right to use the said goods (whether or not for a specified period) for any purpose.
(The above clause (l) is newly inserted as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
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