Sale (works contract):
There can only be one sale in a works contract which
takes place at the time of incorporation of goods for
execution of works either by the contractor or subcontractor.
State of Andhra Pradesh & others Vs Larson & Turbo
Limited & Others (2008) 47 APSTJ 124 SC.
Leasing of Advertisement Hordings:
Leasing out of advertisement hoardings erected by a
Municipality on a leased landed property can not be
treated as RIGHT TO USE and it is only for the hire
charges.
State of Andhra Pradesh Vs Prakash Arts (2008) 47
APSTJ 85 APHC
Penalty for misuse of C-Form:
Dealer purchased construction materials and
equipment for construction of cold storage from out
side the state against C-Forms, under a bonafide
belief that he can purchase goods from out side the
state against C-Form as theregistering authority
permitted under the Registration Certificate. In this
circumstances, it cannot be said that there was a
deliberate misuse of C-Forms.
Sri Math a Vyshnavi Cold Storage (P) Limited Vs State
of Andhra Pradesh (2008) 47 APSTJ 118 STAT, Hyd.
Sale and Lease Back:
Sale and Lease back of the asset of a company with. out any changes, for the purpose of raising the
additional working capital does not amount to sale
liable to tax under APGST Act even though sales
invoices are raised. Sale proceeds can not be treated
as part of Turnover of the dealer.
Andhra Pradesh State Electricity Board, Hyderabad Vs.
State of Andhra Pradesh (2008) 47 APSTJ 44 STAT,
Hyd.
SALES TAX UPDATE
Rescinding of G O No: 517, DT: 23-04-2007:
The Government of Andhra Pradesh has rescinded the
G.O.Ms. No: 517, Dt: 23-04-2004 by way of G. O. Ms.
No: 1181, Dated: 13-10-2008.
By virtue of this G.O. VAT & TOT dealers need not file
quarterly in Form VAT-226A, VAT-226B, VAT-227A,
VAT-227B, VAT-228A, TOT-060A & TOT-060B returns
with effect from 01-10-2008.
Act No: 28 of 2008, Dt: 24-09-2008.
The Legislature of State of Andhra Pradesh passed
Act No: 28 of 2008 on 23/09/2008 and published on 24/
09/2008 in The Andhra Pradesh Gazette.
The Govt. of Andhra Pradesh amended, inserted
various section of the APVAT Act 2005. The full text
of Act No: 28 of 2008 is available at
www.apcommercialtaxes.gov.in
