Legal Question in Business Law in India

Hey I am online seller of Banarasi Saree on various marketplaces like Snapdeal, PayTM etc based in Varanasi (Uttar Pradesh) INDIA.

As we all know that VAT & CST (TIN No.) is compulsory for selling online on any marketplaces. But I don't have VAT or CST as it is not applicable on goods which I am selling i.e. Banarasi Saree as per UP VAT Sch-I/42 "Chikan Products and Benarasi silk sarees, kalavattu; Embroidery or Zari articles that is to say: lackha, thapa, gokharu, imi, zari, kasab, salma, dabaka chumki, gota, sitara, nagsi, kora, badia gizai, including their cutting, waste and garlands of zari."

In this it is clearly mentioned that VAT is exempt on Banarasi Saree. After that on the time of registration on Snapdeal & other Marketplaces, I have provided them VAT exempt certification duly signed & stamped on our letter head. After June all the marketplaces have made it mandatory to sell online, which means without VAT CST (TIN No.) you are not allowed to sell online at all even after providing VAT exempt certification.

First of all in UP, VAT is applicable for those who have turnover of more than 5 lacs for taxable goods & CST is applicable for those who have turnover of more than 9 lacs for taxable goods, inter-state & intra-state respectively.

Our goods don't fall under taxation, but for the sake of selling online we have to register for VAT & CST after that we also have to file return monthly or quarterly. So, is it legal and allowed to have VAT & CST (TIN No.) who have turnover or sale of Rs.0 taxable goods.

NOTE: IF I AM WRONG THEN CORRECT ME

NOW THE MAIN QUESTION ARISES:-

1) Is it legal/allowed to have VAT/CST No. for those who have 0Rs. turnover of taxable goods?

2) We will have to file returns or not as we don't have any taxable sale?

3) If we will have to file return then we will also have to show all the non-taxable sale or not?

4) Is there is any expiry or renewal for VAT/CST?

5) Is there is any fixed or nominal recurring charge for VAT/CST apart from filling return?

6) Suppose I will hold a VAT/CST No. for 3 years, then I don't file any return as I don't have any taxable sale in any year then what will happen, (My VAT/CST will cancel or expire, or any legal action or notice will be issued by Commercial Tax Department, or I will retain my VAT/CST No.)

7) What are the cost to get VAT & CST No. in Uttar Pradesh.

8) What are the procedure & documents required for VAT & CST registration.

9) As there will be no taxable sale, then what I will have to do to retain my VAT/CST No.

I will be very thankful to you, if you will answer my questions serial number wise.

Thanks to all in Advance


Asked on 7/21/15, 12:48 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

22.07.2015

Dear Sir / Madam,

I advice and suggest you to contact a local Chartered Accountant who will correctly guide you on the way ahead.

Regards,

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Answered on 7/21/15, 10:10 pm

it is compulsory register in vat certificate.then you have call to commercial officer regards tax exemption. .

please email id: [email protected]

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Answered on 7/22/15, 5:28 am


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