value added tax (vat)(2005-06)

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    VALUE ADDED TAX (VAT)

    (2005-06)* * *

    Under the guidance of

    Ms. Rosy Sudhanapresentation is prepared by:-

    Kripi SinghXII-D, DAV Public School, Vasant Kunj

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    VALUEADDED

    TAX

    *(VAT)

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    IN ONE THE MOST LARGE

    SCALE REFORMS OF THECOUNTRYS PUBLIC

    FINANCES IN OVER PAST 50

    YEARS, INDIA HAS FINALLY

    AGREED THE LAUNCH OF ITS

    MUCH DELAYEDVALUE ADDED TAX

    FROM 1STAPRIL, 2005

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    VAT

    HAS COMEIN FORCE

    w.e.f

    APRIL 1, 2005

    @

    12.5%

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    THE TAX IS DESIGNED TO MAKE ACOUNTING

    MORE TRANSPARENT,CUT TRADE BARRIERS

    AND BOOST TAXREVEUES

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    Necessity of Value Added Tax

    The General perception of the existing

    single point sales tax system is that it is

    highly complex with multiplicity of rates,plethora of explanation, many rates in

    some group of item, extensive use of

    statutory forms, high and unrealistic quota

    of assessment, loss of revenue on valueadditions, tax rate war between States,

    etc.

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    The consensus was that a new

    system is needed and Value

    Added Tax has emerged as aprincipal instrument of taxing

    domestic consumption world

    wide during last four decades.

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    The basic advantages of Value

    Added Tax can be stated as its

    neutrality, transparency,certainty and self policing

    mechanism.

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    It is now in operation in morethan 100 Countries.

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    WHAT IS VAT

    Value Added Tax is a multi point sales taxwith set off for tax paid on purchases.

    It is basically a tax on the value additionon the product.

    The burden of tax is ultimately born by theconsumer of goods.

    In many aspects it is equivalent to last

    point sates tax. It can also be called as a multi point sales

    tax levied as a proportion of ValuedAdded.

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    IT IS A STATE VAT

    The discussion regarding the VAT and theimplementation which is being planned is only confinedto the State.

    There is no proposed Central VAT at present in the timeframe of 1.4.2003.

    All the States are drafting their separate Value AddedTax Act and as per the present position.

    every States will have a separate VAT Act with differentprovision not corresponding with each other.

    It can be stated that the proposed VAT Act is the primarystage of VAT.

    It is proposed that there would be Two tax rate slabs onwhich tax would be levied.

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    The first one would be 4% and would

    covered all essential items. The secondone is 10% and all luxury items would

    be covered.

    In addition special rate slabs are also

    proposed which are 1% for bullion and

    jewellery, 20% for non essential goods

    and exemption to certain goods like

    agricultural produce etc.

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    Petroleum products are not

    included in VAT rates.

    Separate rate would be notified for

    them.

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    Set off. (Input Credit)

    At present the set off would be availableon the goods locally purchased within the

    State only.

    No set off would be available to the goodspurchased in the course of inter state

    trade and commerce.

    It will be necessary to produce the taxinvoice to claim set off. The tax should

    have been charged in the invoice.

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    Exempted Goods

    Some goods would be declared as

    exempted by the State Government under

    the proposed VAT Act. However the

    present view as per guide lines issued by

    the State Government are that no set off

    would be allowed on the exempted goods.

    It means that the tax suffered on the rawmaterial for manufacture of exempted

    goods would not be refunded.

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    Manufacturer

    The manufacturer would be

    required to purchase raw

    material after paying full tax

    on the rate applicable on

    such material.

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    Unlike the present system

    wherein the manufacturer can

    purchase the goods at a

    concessional rate of tax againstdeclaration form no declaration

    form will be required to be

    issued by the Manufacturer.

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    The input tax suffered by him would

    be adjusted set off from the sale ofthe finished product.

    The tax adjustment of input credit

    of the goods purchased within the

    State would be available on the

    sales made within the State andalso on the inter state sales subject

    to the tax payable.

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    No adjustment would be

    available of the input credit incase of branch transfer,

    consignment sale.

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    TRADER

    The trader would be required to

    collect tax on the sales made by him

    and the tax liability would be setoff/adjusted from the purchase/

    input tax credit of the goods locally

    purchased in that State.

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    ISSUE OF INVOICE

    Under the proposed Value Added Tax

    Act issue of invoice would be

    mandatory. No set off/input creditwould be allowed unless the original

    tax invoice is produced wherein tax is

    clearly charged separately in theinvoice.

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    Declaration Form

    USE OF DECLARATION FORM OF PURCHASEOF GOODS ON CONCESSIONAL RATE OF TAXON NIL RATE OF TAX UNDER THE STATE ACTWOULD BE COMPLETELY FINISHED.

    THERE WOULD BE NO REQUIREMENT OFDECLARATION FORM UNDER THE PROPOSEDVALUE ADDED TAX. HOWEVER THE ROADPERMITS LIKE ST 18 A AND ST 18 C

    DECLARATION FORMSWOULD CONTINUE. DECLARATIONS FORMS OF CST ACT WOULD

    ALSO CONTINUE.

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    Accounting

    The basic account books required

    for the purpose of VAT Act are

    Purchase and Sale Register.Both the registers would be the

    basis on which the calculation of

    payment of tax would be made.

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    The normal practice of entering

    the gross value of Purchase bill

    would be changed. The

    assessee would be required toenter the value of goods in the

    goods A/c and the amount of

    tax in the Tax A/c separately.

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    STOCKS

    Stock statement are required tobe furnished as prescribed for the

    quarter ending and then monthly

    from January to March.

    Set off of tax paid stocks would

    be given.

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    Tax paid stocks as on march

    ending would be the basis for claiming set of under the new

    Value Added Tax (VAT) Act.

    However, no set off would be

    available for the tax paid stockpurchased prior to 1.4.2005.

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    CAPITAL GOODS

    Set off would also be available on thetax paid goods at the time of

    purchase of capital goods under the

    VAT Act. Basis of set off is yet to be declared.

    However, it is presumed that set off

    would be available within a span of 3years from the date of commercial

    production.

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    EXPORT

    Export would be zero rated. Tax paid on

    raw material used in manufacture of goods

    for export would be refunded by the State

    Government in cash/adjustment.

    The exports would became more

    competitive in the world market as there

    would be no tax henceforth on rawmaterial used for manufacture of goods for

    export.

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    REGISTRATION

    All importers, Manufactures,Exporters and Dealers having CSTregistration would be required to seekmandatory registration under the new

    VAT Act. The existing registered dealers are

    required to fill a FACT SHEET as

    notified by the department within astipulated time which is at present15.2.2006 and then they would not berequired to seek fresh registration.

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    TYPES OF REGISTRATION

    There would be two types of registration. Thefirst is VAT dealers registration and the secondis composition scheme dealer registration.

    The dealers opting under composition schemewould not be above to charge tax in the invoiceand he would pay lump sum fee as compositionamount.

    It is apparently for retail traders and theexpected limit of turn over for option under composition scheme is maximum Rs. 15 lacs.

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    Security Amount

    Security amount for seeking registration is

    likely to be increased many fold in VAT

    Act. The security for registration under the

    present act is Rs. 10,000.00

    Apart from it, the assessing authority

    would have a right to seek additional

    security equal to 25% of the tax liability.

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    Audit of Account

    Every dealer having a turn over of

    over 40.00 lacs would be required to

    get his account audited by achartered accountant and submit the

    audit report within the stipulated time.

    Failure to do so would attract penaltyproceeding.

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    Works Contract and Leasing

    No clarification, provision or guide lines

    had been issued by the department till

    date on works contract and leasing

    transaction.

    The continuation of existing composition

    scheme or by what method they would be

    taxed in future has not been informed.

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    SIMILARLY SMALL RETAIL

    DEALERSWOULD BEREQUIRED TO MAINTAIN

    MORE ACCOUNTS OR PAYCOMPOSITION MONEY

    WHICH CAN NOT BE

    COLLECTED FROM THECUSTOMERS.

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    THE PRESENT PROVISION OF

    CST AND VAT CAN NOT GO

    TOGATHER. AFTER THEABOLITION OF CST THE DIRECT

    MARKETING CONCEPT MAY

    GAIN GROUND

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    THE NECESSITY OF HAVING

    WAREHOUSE, GODOWNSETC. IN ALL STATES MAY

    DECREASE OR FINISHWHICHWOULD ADVERSELY

    AFFECT THE TRADE AND

    EMPLOYMENT OF THESTATES.

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    opinions

    apprehensionsand

    reactions

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    IRATE TRADERS

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    CONFUSED COMPANIES

    AM I GAINING OR LOSING?

    ARE PRICES GOING UP OR DOWN

    THE ORIGINAL EQUIPMENTMANUFACTURER CLAIMS VAT CREDIT

    ON THE TAXES PAID TILL GOODS

    REACH HIS PLANT.

    HIS SELLING PRICE WILL INCLUDE

    THE FULL VAT ON THE PRODUCT.

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    QUESTIONS

    WHAT WILL BE THE FATE OF INPUT TAX

    CREDIT?

    WHETHER THE SMALL DEALERS BE

    BENIFITTED? IF THE INPUT IS USED PARTLY FOR MAKING

    TAXABLE GOODS AND PARTLY FOR

    EXEMPTED GOODS THEN?

    HOW THE INPUT TAX CREDIT TO BE

    CLAIMED?

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    POLITICAL PARTIES

    We will wait forthe answers to

    our queries

    Jagdish Shettigar

    BJP Member

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    POLITICAL PARTIES

    ONLY IF THE TRADERS AGREE

    Mulayam Singh Yadav

    President

    Samajvadi Party

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    POLITICAL PARTIES

    HANG ON TILL JULY

    J. JAYALALITA

    PRESIDENTAIADMK

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    THE COUNTRY LIKE AMERICA

    WHICH HAS SIMILAR FEDERAL ANDSTATE LAWS/CONSTITUTION HAS

    NOT IMPLEMENTED VAT.

    IT NEEDS STUDY AS TO WHY A

    DEVELOP AND ADVANCEECONOMY LIKE AMERICA HAS NOT

    ADOPTED VAT

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    CONCLUDING

    VAT WOULD CHANGE THE NATURE OF

    TRADE IN THE COMING YEARS, BUT

    THE MEDIUM LEVEL OF TRADE THAT

    IS C&F AGENTS, DISTRIBUTORS,

    STOCKIEST ETC. WOULD FACE

    PROBLEMS AS THE COMPANIES

    WOULD REDUCED THE TIER OFMARKETING.

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    THANK YOU!