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subsiquent sale ?

(Querist) 04 January 2009 This query is : Resolved 
I got works contract for supply and errection. I purcraised invoice in favour of contractee as transit sale ,the contractee issued c form to me and i also got e-1 also .the contractee deduct tds @ 4% from supply portion .I claimed refund from sale tax deptt . the officer says it is not a sale in transit. The contractee gave smae goods to me which i errected . In this situqation who should pay tax of state . and is this not a transit sale?
arorars_05 (Expert) 05 January 2009
To get the benefit of sale in transit you must purchase goods in your name and endored the GR in favour of contractee. You will issue C-form to the seller and seller issue to you E-1 form to confirm the sale in Transit. Now in your case your are not entitled for refund from the department because it is not a sale in transit


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