Tax on sales by Union and State Governments  Sale tax on Inter State sale is levied by Union Government under Entry 92A of List I (Union List), while sales tax on intra-State sale (sale within State) (now termed as Vat) is levied by State Government under Entry 54 of List II (State List) of Seventh Schedule to constitution of India. Categories of sales  Sales can be broadly classified in three categories. (a) Inter-State Sale (b) Sale during import/export (c) Intra-State (i.e. within the State) sale. State Government can impose sales tax only on sale within the State. State cannot discriminate between local goods and goods from outside State  State cannot discriminate between goods manufactured/produced within the State and goods brought from outside the State i.e. tax on local goods and goods from other States must be same Rate of CST  CST is payable on inter-State 2%, if C form is obtained. No CST if form H or I is obtained from purchaser. Otherwise, CST rate is same as applicable for sale within the State. Revenue of CST goes to State Government  Even if CST is levied by Union Government, the revenue goes to State Government. State from which movement of goods commences gets revenue. CST Act is administered by State Government.

 To formulate basis for determining when a sale or purchase of goods takes place in the course of inter-state trade or outside state or in the course of import into and export from India.  To formulate rules for levy of tax, exemptions, collection of tax, penal provisions, offences and penalties etc.  To specify the restrictions and conditions subject to which state laws impose taxes on the sale or purchase of goods of special importance.  To fix liabilities of persons for payment of Sales Tax

1) Scope:- The CST extends to the whole of India. 2) Levied by Central Government. 3) No exemption Limit. 4) Administered & collected by State Government. 5) Concessional Rates-Form C is issued by purchaser. 6) Certain sales are exempted under CST Act. 7) Categories of Goods: a) Declared Goods b) Other Goods.

GOODS u/s 2(d) CST is on ‘goods’  Goods includes all materials, articles, commodities & all kinds of movable property, but not newspapers, actionable claims, stocks, shares and securities.  It includes animals, objects such as livestock and include uprooted trees, rejected goods etc. Intangible goods  Intangible or incorporeal articles are ‘goods’ e.g. patent, copyright, lottery tickets.  Advance licences are ‘goods’ and are taxable What are not goods  Plant and machinery erected at site is not goods.., X-Rays films supplied by a radiologists, medicines given by doctor,  Electricity- is goods but kept out of tax net. Software is goods  Software (branded as well as unbranded) is goods, customised software etc. Lottery tickets is actionable claim, though it is goods  Lottery ticket is ‘actionable claim’ which is only a right to participate in draw and not taxable. Sale of SIM card  Simple sale of SIM card can be taxed, but not when supplied as incidental to service.

 Dealer liable to CST  “Dealer” means any person who carries on (whether regularly or otherwise) the business of buying, selling, supplying or distribution of goods, directly or indirectly, for cash, or for deferred payment, or for valuable consideration Definition of ‘dealer’ is wide, but only those who ‘effect’ sale are liable to register and pay CST.  Government is dealer  Government is ‘dealer’ if it carries on business. Railways are ‘dealers’. Insurance company is also ‘dealer’.  Bank, club, auctioneer as dealer  Bank can be dealer in respect of sale of pledged goods, if definition of ‘dealer’ includes bank. Sale of pledged goods takes place in the course of business.  A ‘club’ can also be ‘dealer’.  An auctioneer is not a dealer, if he does not transfer the property in the goods to the successful bidder.  DEEMED DEALER  REGISTERED DEALER

 Declared goods means goods declared under section 14 to be of special importance in inter- state trade or commerce  The parliament has powers to enlarge this list of goods and has also power to put restrictions and control in regard to tax on sale or purchase of declared goods within a state.

 Any trade, commerce or manufacture, or any adventure or concern in the nature of trade, commerce or manufacture, whether or not the same is carried on with a motive to make gain or profit and whether or not any gain or profit accrues; and  Any transaction in connection with or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern;

Profit motive not required  Profit motive is not material for ‘Business’. Adventure is also ‘business’. Adventure is also business  Business normally implies something done on regular basis. However, since business includes ‘Adventure’, occasional transactions may also be covered. Adventure implies some ‘speculation’. Ancillary, incidental business taxable  Ancillary, incidental and casual business is also taxable, but main activity should be ‘ to carry on business’.  Incidental or ancillary business like. sale of used car, sale of scrap, sale of old machinery, sale of old furniture etc. is taxable, though normally the dealer may not be in business of selling cars, furniture or machinery. Sale of business is not business and cannot be taxed  Sale of business is not business and cannot be taxed.

Sale means  Any transfer of property in goods by one person to another.  For cash or deferred payment or for any other valuable consideration And includes six transactions of deemed sales But does not include a mortgage or hypothecation or a charge or pledge on goods Under general definition Essential elements of sale are a) There must be goods b) There must be two parties c) Consideration d) Valid mutual consent of both parties is essential e) General property in goods should be transferred by the seller to the buyer. However under CST Act the condition of valid consent of both parties is not essential. CST is payable even if there is compulsory transfer under Govt. orders, if goods are a controlled commodity. Sale of illegal goods (like hashish, ganja) are also liable to sales tax.

 Six transactions of deemed sales have also been included in the definition of ‘Sale under CST Act. These transactions are:- a) Transfer of property in any goods for cash, deferred payment or other valuable consideration. b) a transfer of property in goods involved in the execution of a works contract c) A delivery of goods on hire purchase or any system of payment by instalments d) A transfer of the right to use any goods for any purpose for cash, deferred payment or other valuable consideration e) A supply of goods of any unincorporated association or body of persons to a member for cash, deferred payment or other valuable consideration f) A supply by way of or as a part of any service or in any manner whatsoever, of goods being food or any other article of human consumption where such supply or service is for cash or deferred payment or other valuable consideration Sale does not include a mortgage or hypothecation or a charge or pledge on goods

Definition of ‘works contract’  ‘Works contract’ means a contract for carrying out any work which includes assembling, construction, building, altering, manufacturing, processing, fabricating, erection, installation, fitting out, improvement, repair or commissioning of any movable or immovable property.  Building contract is ‘works contract’. Painting or printing is also a ‘works contract’.