Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
provisions
Vikas Gupta
By
The State Govt.
*Custom Duties
*Central Excise Duty
*Service Tax etc.
Service Tax
Customs Duty
Particulars
CIF
Assessable Value
Amount (Rs)
Percentage
10,00,000
100%
10,000
1%
10,10,000
101%
1,01,000
10%
11,11,000
111%
1,14,434
10.3%
2,15,433
I
J
6,463
3%
49,276
4%
2,71,172
27.12%
Excise Duty
S2
State
Haryana
2% CST
C Form
Local Sale
VAT
MANUFACTURER (HARYANA)
S1
State
UP
Stock Transfer
State
Delhi
Depot
Local Sale
VAT
State
Delhi
Dealer
Local Sale
VAT
State
Delhi
Customer
0% CST F Form
State
Delhi
Dealer
State
Delhi
Dealer
Local Sale
VAT
State
Delhi
Customer
Export
UK
0% Tax
Supported by Form C
Without Form C
Declared Goods
2%
4%
Exempted Goods
Exempt
Exempt
1%
1%
4%
2%
4%
12.5%
2%
12.5%
Forms
Rajasthan
Bihar
Jharkhand
WB
Chattisgarh
MP
Gujarat
Orissa
Maharashtra
AP
Goa
Karnataka
Pondicherry
Kerala
Tamil Nadu
State
Haryana
State
Delhi
State
Sales Tax Act
State
Sales Tax Act
CST ACT
State
VAT Act
Sales tax is a tax on sales of movable goods
State
VAT Act
Concept of VAT
No way different from Local Sales Tax (LST) with respect to the
fundamentals, however, method of levy differs in the two system
The traditional system of levying taxFirst Point Tax - Avoid cascading effect but Govt. loses its control on
last point sales with added value - leakage of revenue due to various
tax management in the subsequent sales after First Point.
Next Point Tax (especially for banded goods) - Burden of tax is shifted
to the next point
Last Point Tax- Govt. gets revenue on value addition up to last point
but loses its control on origin of manufacture - possibility for leakage
of revenue / escaped taxation Not popular with Govt.
Multipoint Tax- The Govt. keeps control on overall sales but cost
increases due to cascading nature of taxation
Concept of VAT
VAT is a solution to overcome all the above problems and acceptable
both to the Assessor (Govt.) and the Assessee (Dealer)
VAT in common man's language is a tax levied on the value added to
any product or service AT EVERY STAGE
Destination based tax system
Sales to Registered Dealer by a Registered Dealer
Provision for input tax credit paid at the previous point of purchase.
The tax paid by a registered dealer is netted.
Tax is ultimately borne by the consumer
VAT Chain
Manufacturer
Purchase
Wholesaler
Full Tax credit
Retailer to Consumer
No Tax credit
Consumer
V
A
T
Wholesaler
to Retailer
VAT Chain
Stage
Sale
price
Value
addition
VAT
@10
%
1st
100
10
2nd
140
40
3rd
150
10
4th
155
0.5
State 2
Stock transfer
(No sales tax)
Manufacturer
Distributor
Interstate sale
(CST)
Retailer
Depot/CSA
Stock transfer
(No tax)
Retail sales
(Local sales tax
after limited credit of
LST)
Customer
Retail sales
Customer
State 2
Stock transfer
Distributor
(No sales tax) (Possible entry tax
& Possible denial of credit in
(VAT after credit of
exporting State
entry tax)
(Possible tax on entry in State 2)
Manufacturer
Stock transfer
(No tax) (Possible
entry tax in State 2.
Possible denial of
credit in State 1
Retail sales
(Local sales tax
Local purchase
(Local sales tax) after limited credit of
LST) VAT after full Credit
VAT
Customer
(No sales tax)
VAT after Credit
Interstate sale
(CST)
Retailer
Depot/CSA
Stockist
Retail sales
Customer
VAT Credit
Full VAT credit paid within state
Tax paid on inputs both for intra-state & inter-state sale
Total Input tax for a period and not based on input/ output ratio (variation
among States)
Credit for unsold stocks allowed
Exclusions from VAT Credit
Petrol
Diesel
VAT Rates
Liquor - 20%
VAT in UP
Value Added Tax (VAT) was adopted by UP on 1st April 2006
Registration
1. Threshold limit Rs 5 Lacs
2. Auto Registration for Registered Dealer Form VII & VIII within 60 days.
3. Compulsory for Transporters, Carriers, Forwarding Agents, Railway Agents
etc. transporting / storing goods.
Tax Payers Identification No (TIN):- Allotted on Form number 15 Mandatory to
quote on all Correspondences / Return / Challan / Tax invoice etc.
Composition Scheme :- Specified for Small Traders - 5 to 50 Lakhs @ VAT 1%.
VAT Rates in UP
Four rates have been prescribed
Schedule: I - 0% for exempted goods.
Schedule: II - 4%: for manufacturing inputs & IT Products & GSM.
Schedule: III -1%: for gold and precious stone.
Schedule: IV 20% to 32.5% for Petrol, Diesel oil, Furnace Oil.
Schedule: V RNR - 12.5%: for goods not specified under any schedule
RNR Revenue Neutral Rate
Not allowed in respect of Non-VAT goods, captive power plant and other
specified capital goods like office equipment, furniture, air conditioners etc.
Input tax credits are not available for inter State (CST) procurement of goods.
Stock transfers outside the State attract a reversal of input tax credit (ITC) to
the extent of 3%.
Developers, co-developers and units in SEZ eligible for ITC on taxable goods for
specified operations.
Refund of excess ITC to other dealers at the end of the assessment year next
to the assessment year in which it falls due.
ITC on capital goods (other than non creditable capital goods): Capital Goods
means plant, machine, machinery, equipment, apparatus, tools appliances,
electrical installation used for manufacture or processing of any goods for sale by
the dealer and includes components, spare parts, accessories, mould dies etc.
VAT Chart
REVIEW OF VAT / CST AS ON 01-APRIL-2010
State
VAT is
Payable on
PTS / MRP
Andhra Pradesh
Assam
Bihar
Chandigarh
Chatisgarh
Goa
Gujarat
Haryana
Jharkhand
Karnataka
Kerala
Madhya Pradesh
Maharashtra
New Delhi
Orissa
Punjab
4% / 14.5%
5% / 13.5%
4% / 12.5%
4% / 12.5%
4% / 12.5%
4% / 12.5%
(4%+1%) / (12.5% + 2.5%)
5% / 12.5%
4% / 12.5%
5% / 13.5%
(4%+1%) / (12.5%+1%)
5% / 12.5%
5% / 12.5%
5% / 12.5%
4% / 12.5%
5% / 12.5% (10% Addl Tax/Surcharge)
PTS
PTS
MRP
PTS
PTS
PTS
PTS
PTS
MRP
PTS
MRP
PTS
PTS
PTS
MRP
PTS
Rajasthan
5% / 14%
Tamil Nadu
Uttar Pradesh
Uttarakhand
West Bengal
Pondicherry
Himachal Pradesh
4% / 12.5%
(4%+0.5%+0.5%) / (12.5%+1%)
4%+0.5% / 12.5%+1%
4% / 12.5%
4% / 12.5%
5% / 12.5%
Entry Tax, if
applicable
NA
NA
Return
Filing
NA
Monthly
Monthly
Quarterly
Quarterly
Quarterly
Quarterly
Monthly
Quarterly
Monthly
Monthly
Monthly
Quarterly
Monthly
Monthly
Monthly
Quarterly
MRP
NA
Quarterly
PTS
PTS
PTS
MRP
PTS
PTS
NA
NA
NA
NA
NA
Monthly
Monthly
Monthly
Quarterly
Monthly
Monthly
Applicable
NA
Applicable
Applicable
NA
NA
NA
NA
NA
Applicable
NA
NA
Applicable
Applicable
Rate Revision
in VAT wef
01-04-08
in VAT wef
in VAT wef
in VAT wef
01-04-2010
01-08-09
01-04-2010 to 5%
14-01-2010
A Composite (Turnkey Jobs) work where both Labour & Material is involved,
breaking of Price for Supply (Material) & Labour may not be separate Sale of
Materials & Labour Contract.
Contract where the Contractor / Seller gets the order from the customer for
definite goods or for WC.
The Clauses in the Agreement between the Contractor & the Contractee are the key
factors for determining whether the Contact is of sale of goods or WC.
If the Contract is divisible then, the supply of material is a Sale Contract and the
labour portion is WC. If in the Labour portion, material is also used then VAT (WC)
is applicable.
Local WC are covered under the Local VAT Act & Inter-state WC are covered under
the Central Sales Tax Act.
If the thing to be delivered has any individual existence before the delivery as the
property of the party who is to deliver it, then it is a Sale. If the main object of the
work undertaken is not the transfer of a chattel qua chattel, the contract is one for
work & labor (Hindustan Shipyard 119 STC 533 SC).
In a Contract of Sale, the main object is the transfer of property and delivery of the
possession of Chattel as a Chattel to the buyer, where it is not so, it is a contract of
Works & Labour (Hindustan Aeronautics Ltd. 55-STC 314 -SC)
It is made clear that contract of building buses, ships are that of the Sale even if
they are manufactured as per the specifications and under strict supervision of the
buyer. (Hindustan Shipyard 119 STC 533 SC).
Works Contract is a
Deemed Sale
The Scenario before the 46th Constitutional Amendment (Before 2nd Feb, 1982)
The Sales of goods covered under the sale of goods Act were only liable for
Sales tax (only normal sales were covered)
The Indivisible WCs were not covered under the State Sales tax Laws. The
states were not empowered to levy Sales tax on Indivisible WCs.
The 46th Amendment to the Constitution of India Sub-article (29-4) reads as under:
(b) a tax on the transfer of property in goods (whether a goods or in some other
form) involved in the execution of a Works Contract
The concept of Deemed Sale under the State VAT / CST Acts:
The Sales tax/VAT/CST is applicable only on the value of the goods and
not on labour portion of the Contract.
State A
Contractor
X
The
clauses
in
the
Agreement and intentions
of the two parties is an
important factor.
State A
Contractee
Y
State A
Contractee
Y
The
clauses
in
the
Agreement and intentions
of the two parties is an
important factor.
State A
Contractee
Y
Construction Jobs
2.
Civil Work
3.
4.
5.
Repair Jobs
6.
7.
8.
9.
Electrical fittings.
10.
11.
Air-conditioning installations.
12.
Painting jobs.
13.
Repairs of vehicles.
14.
15.
Applicability of VAT on
various Works Contracts
Indivisible /
Composite Works
Contracts
Job Works
Construction
Contract
Erection of Plant
& Machinery
EPC Contracts
Installation &
Commissioning of
Lifts / Elevators
Civil Works
Processing
Conversion Jobs
Repair of
Vehicles
Repair Jobs
Electro Plating,
Electro
galvanizing,
anodizing and
like
Customized
Printing Jobs
VAT Applicable
VAT Applicable
No VAT Applicable
Art Works
No VAT Applicable
No VAT/CST is applicable on pure labour jobs where no material of his own is used
/ added by the job worker (vendor).
2.
3.
To arrive at the Material Value in the Contract, three methods are adopted under
the State VAT Acts namely :
i.
ii.
iii.
4.
VAT Setoff / Credit is available under the State VAT Acts to both the Contractor &
Contractee except for the Negative List items purchased
5.
For Divisible Contract, supply of material is a Normal Sale Contract and the
Labour Contract is subject to VAT (WC) provisions, only if the own material is used
by the Contractor.
6.
If the Contractor dispatches his own materials from one state to another, directly
to the customer under the Indivisible WC, then it is a deemed inter-state sale of
material subject to levy of CST by the state of dispatch.
Contract Price
Rs.100.00
Rs. 80.00
Material Value
Rs. 20.00
Material Value
@ 12.5% VAT on
Rs.20.00
Rs.
TAX INVOICE
Rs.100.00
TAX INVOICE
VAT @ 12.5% on
Rs.20.00
Rs.
Rs.100.00
Contract Price
Rs.100.00
Rs. 25.00
@ 8% Composition Tax on
Rs.100
Rs.
Material)
2.50
2.50
Rs.
0.50
Contract Price
Rs.102.50
VAT PAYABLE (2.50
2.00)
OPTION B (COMPOSITION)
Rs. 75.00
8.00
Rs.108.00
Rs. 9.38
INVOICE
Contract Price
Rs.100.00
@ 8% Composition Tax
Rs.
Rs.109.38
Rs.108.00
Rs.
Rs.
Rs.100.00
Rs. 9.38
7.38
8.00
6.72
Service Tax
Classification of Services
If prima facie, a taxable service is classifiable under two or more sub-clauses
of section 65(105), classification shall be effected as per following rules
Specific description to be preferred over a general description [section
65(2)(a)]
Classification should be as per essential character in case of composite
services [section 65(2)(b)]
Service which appears earlier in list of section 65(105), if service cannot be
classified on above basis [section 65(2)(c)]
Service should be predominantly a taxable service. A composite contract
consisting various services cannot be vivisected. An indivisible/composite
contract of goods and services can be vivisected and service part of it is
subject to service tax
CENVAT Credit
Service provider can avail CENVAT credit of service tax paid on input services
and excise duty paid on inputs and capital goods. The credit can be utilised
for payment of service tax on output services
Definition of input service is wide. Any service in relation to business is input
service
Credit can be availed on basis of proper and complete specified original duty
paying documents
If assessee is providing both taxable and exempt services and if input
services are common, CENVAT credit can either be taken on proportionate
basis or 6% amount is required to be paid on value of exempted services
Registration
Service provider should register within 30 days from date of commencement of
providing taxable service. Application should be in form ST-1 [Rule 4(1)]. Income
Tax PAN, address proof, evidence of constitution of firm/company, list of
directors/partners are the most important document required.
Application for registration is to be filed electronically. The PAN based registration
number is generated by system immediately. However, registration certificate is
issued by Superintendent in form ST-2 after the documents are submitted.
Registration will be deemed to have been granted if not received within seven days
[Rule 4(5)]
Person providing services from more than one premises or offices can apply for
centralised registration, if he has centralised billing system or centralised
accounting system [Rule 4(2)]
Procedure to be followed
Assessee should prepare invoice in respect of his services. The Invoice should be
prepared within 14 days from date of completion of taxable service or receipt of
payment towards the value of taxable service, whichever is earlier. Invoice should
contain prescribed details [Rule 4A]
If the assessee is an individual or proprietary firm or partnership firm, the tax is
payable on quarterly basis within 5 days at the end of quarter (within 6 days in
case of e-payment) except in March. Service tax is payable by other assessee by
5th of the month following the month in which payments are received toward value
of taxable services (by 6th in case of e-payment) except in March [rule 6(1) of
Service Tax Rules]
Service tax on value of taxable services received during month of March or quarter
of March is required to be paid by 31st March in case of all the assessee
Import of Services
In case of import of service, tax is payable by recipient of services under
method of reverse charge. Tax should be paid by cash i.e. GAR-7 Challan and
then Cenvat credit can be availed of the tax so paid, as it is his input service
Tax is payable only when service is received in India. Services provided and
used outside India cannot be taxed in India
To determine the issue whether a provision of service is import of service,
services have been classified in three categories. Criteria for each category
has been specified e.g. immovable property India, service performed in India,
recipient is located in India
Particulars
Amount
A.
CIF
10,00,000.00
B.
C.
Assessable Value
10,10,000.00
D.
E.
F.
1,01,000.00
11,11,000.00
1,14,433.00
G.
2,15,433.00
H.
I.
J.
Education Cess (@ 3% on G)
Special CVD @ 4% (C+D+F+H)
Total Duties Payable (D+F+H+I)
6,463.00
49,276.00
2,71,172.00
K.
Transportation Cost
1,00,000.00
L.
M.
N.
O.
P.
10,000.00
13,71,172.00
2,00,000.00
15,71,172.00
1,96,397.00
17,67,569.00
Note:
Buyer will
get the
Cenvat
Credit of
CVD &
Special
CVD as well
as VAT
Credit
Net Cost to
Buyer ( P-OI-F )
1,407,463
Particulars
CIF
Landing Cost @ 1% of CIF
Assessable Value
Basic Custom Duty @ 10%
Sub Total for Calculating CVD (C+D)
CVD @ 10.30% on E (10% plus education Cess @3% )
Total of Duties (D +F)
Education Cess (@ 3% on G)
Special CVD @ 4% (C+D+F+H)
Total Duties Payable (D+F+H+I)
Transportation Cost
Total Cost to Avana (A+K+J)
Avana Margin (Say)
Sale Price (L+M)
CST Against C Form @ 2%
Invoice Amount
Amount
10,00,000.00
10,000.00
10,10,000.00
1,01,000.00
11,11,000.00
1,14,433.00
2,15,433.00
6,463.00
49,276.00
2,71,172.00
1,00,000.00
13,71,172.00
2,00,000.00
15,71,172.00
31,423.00
16,02,595.00
Note:
Buyer will
get the
Cenvat
Credit of
CVD &
Special
CVD as VAT
Credit
Net Cost to
Buyer ( P-IF)
14,38,886
Particulars
CIF
Landing Cost @ 1% of CIF
Assessable Value
Basic Custom Duty @ 10%
Sub Total for Calculating CVD (C+D)
CVD @ 10.30% on E (10% plus education Cess @3% )
Total of Duties (D +F)
Education Cess (@ 3% on G)
Special CVD @ 4% (C+D+F+H)
Total Duties Payable (D+F+H+I)
Transportation Cost
Total Cost to Avana (A+K+J)
Avana Margin (Say)
Sale Price (L+M)
Maharashtra VAT @ 12.5%
Invoice Amount
Amount
10,00,000.00
10,000.00
10,10,000.00
1,01,000.00
11,11,000.00
1,14,433.00
2,15,433.00
6,463.00
49,276.00
2,71,172.00
1,00,000.00
13,71,172.00
2,00,000.00
15,71,172.00
1,96,397.00
17,67,569.00
Note:
Buyer will
get the
Cenvat
Credit of
CVD &
Special CVD
but not of
Maharashtra
VAT, as
buyer is not
registered
with
Maharashtra
VAT
Net Cost to
Buyer (P-I-F)
16,03,860
Particulars
CIF
Landing Cost @ 1% of CIF
Assessable Value
Basic Custom Duty @ 10%
Sub Total for Calculating CVD (C+D)
CVD @ 10.30% on E (10% plus education Cess @3% )
Total of Duties (D +F)
Education Cess (@ 3% on G)
Special CVD @ 4% (C+D+F+H)
Total Duties Payable (D+F+H+I)
Transportation Cost
Total Cost to Avana (A+K+J)
Avana Margin (Say)
Sale Price (L+M)
CST Against C Form @ 2%
Invoice Amount
Amount
10,00,000.00
10,000.00
10,10,000.00
1,01,000.00
11,11,000.00
1,14,433.00
2,15,433.00
6,463.00
49,276.00
2,71,172.00
1,00,000.00
13,71,172.00
2,00,000.00
15,71,172.00
31,423.00
16,02,595.00
Note:
Buyer will
get the
Cenvat
Credit of
CVD &
Special
CVD as VAT
Credit
Net Cost to
Buyer ( P-IF)
14,38,886