Project Report on Mvat

CONTENT Sr. No. Topics Covered Page No. 1 Section I cornerstone to economic c be for Added revenue enhancement revenue. 1 12 2 Section II abide by Added measure in Maharashtra. 13 A. Introduction. B. Registration downstairs Value Added assess. C. Explaining Value Added Tax. D. Calculating Tax Liability. E. Filing of drop dead and Paying Tax. F. Records and Accounts. G. Business Audit. H. Appeals. I. Tax Payer Service. J. Recovery, Offences and Penalties. 14 16 17 21 22 27 28 36 37 44 45 48 49 51 52 56 57 61 62 66 3 Section III Appendix. 67 69 4Section IV Conclusion. 70 5 Section V Bibliography. 71 WHAT IS Value Added Tax? Value Added Tax is a broad-based goodness t consider that is levied at multiple stages of production. The concept is akin to excise duty paid by the manu featureurer who, in turn, consumes a reference work on stimulant drug measureationes paid. Excise duty is on cook up, while vat is on sale and two work in the alike(p) manner , according to the white paper on bathtub released by finance minister Chidambaram. The document was drawn up after all res publicas, barring UP, were prep atomic number 18d to implement value-added revenue enhancement from April.It is usually intend to be a levy on consumption, hence the provision of a mechanism enabling producers to off banding the evaluate they take away paid on their stimuluss a get alongst that ae castd on their gross sales of goods and services. Under tub revenue is collected without the production process without distorting any production decisions. WHY value-added levy IS PREFERRED oer SALES TAX? While theoretically the summation of revenue collected through value-added measure is equivalent to sales appraise collections at a resembling rate, in practice vat is likely to generate more(prenominal) revenue for government than sales appraise since it is administered on various stages on the production distribution chain.With sales m easure, if final sales argon non covered by the valuate system e. g. callable(p) to difficulty of covering all the retailers, particular commodities whitethorn non yield any tax. However, with bath around revenue would have been collected through taxation of earlier transactions, even if final retailers evade the tax net. in that location is also in-built pressure for residency and bumvasing on a lower floor tub since it ordain be in the chase of all who pay taxes to ensure that their eligibility for tax credit rouse be demonstrated. VAT is also a fairer tax than sales tax as it minimizes or obviates the bother of tax cascading, which often occurs with sales tax.These be facilitated by the fact that VAT operates through a credit system so that tax is scarce applied on value added at individually stage in the production distribution chain. At each intermediate stage credit get out be disposed(p) for taxes paid on purchases to ready against taxes due on sales. Only at consumption stage where there ar no further transactions go away there be no tax credits. Lack of input credit facility in sales tax often results in tax on inputs becoming a toll to line of descentes which atomic number 18 often passed on to consumers. gross revenue tax is often applied again to the sales tax element of the woo, thus there is a problem of tax on tax.This is not the case with VAT, which makes it a neutral tax as it provides the least disturbance to patterns of production and the generation and use of income. In addition, the audit trail that exists under the VAT system makes it a more effective tax in tribunal equipment casualty than sales tax as it helps with the tick of VAT mensurations decl atomic number 18d as due. This is make possible by the fact that one persons output is anothers input. As with sales tax imports atomic number 18 treated the same way as local anaesthetic goods while exports are zero- rated to avoid anti-export bias.Not withstanding the advantages mentioned to a higher place, it is worth noting that VAT is a considerably complex tax to administer compared with sales tax. It whitethorn be difficult to use to small companies due to difficulties of record keeping and its coverage in agriculture and the services sector may be limited. To cover the high administration costs, VAT rates of 10-20 per cent are generally recommended. The equity impact of the relatively high rates have been a cause for concern as it is possible that the poor spend relatively high proportions of their incomes on goods subject to VAT.Thus the concept of zero VAT rate on some items has been introduced. Difference between VAT and CST Under the CST present, the tax is collected at one stage of purchase or sale of goods. Therefore, the cargo of the salutary tax bond is borne by only one bargainer, either the first or the last corpus. However, under the VAT system, the tax accuse would be shared by all the school principals from first to last. Then, much(prenominal) tax would be passed upon the final consumers. Under the CST bet, the tax is levied at a adept point. Under the VAT system, the retailers are not subject to tax except for the retail tax.Under the CST Act, general and specific privileges are granted on certain goods while VAT does not permit much(prenominal) exemptions. Under the CST law, concessional rates are provided on certain taxes. The VAT regime entrust do away with such concessions as it would provide the full credit on the tax that has been paid earlier. Under VAT law, first, the principal pays tax on the sale or purchase of goods. The ensuant dealer pays tax on the portion of the value added upon such goods. Thus, the tax burden is shared equally by the last dealer. To illustrate the whole unconscious process of VAT, an example is as followsAt the first point of sale, the value of goods is Rs. c. The tax on this is 12. 5%. Therefore, the net VAT would be 12. 5%. At the warrant change of sale, the sale value is Rs. 120 and the tax thereon is 15%. The tax that is to be paid at every point is 15%. The input tax is 15%. The dealer will get a credit for first change in sale of 2. 5% i. e. 15% -12. 5%. Therefore, 2. 5% will be the net rate. At the third change of sale, the sale value is Rs. 150 and the tax on this is 18. 75%. At the last stage, the tax paid is 18. 75%. The Input Tax is 18. 75%.Dealers get a credit for second change in sale? i. e. 18. 75% -15% = 3. 75%. Therefore, 3. 75% would be the net VAT. This means that VAT is paid in the last point tax under the sale tax regime. Who gains? responsibility and Central governments gain in terms of revenue. VAT has in-built incentives for tax deference only by collecting taxes and remitting them to the government can a marketer direct the off coiffure that is due to him on his purchases. Everyone has an incentive to buy only from registered dealers purchases from others will not provide the bene fit of credit for the taxes paid at the time of purchase.This transparency and in-built incentive for compliance would increase revenues. Industry and trade gain from transparency and thin outd need to interact with the tax personnel. For those who have been complying with taxes, VAT would be a boon that reduces the cost of the product to the consumer and boosts competitiveness. VAT would be major blow for tax evaders, both manufacturers who evade excise duty pays and traders who evade sales-tax. Whatll be the tax burden? The overall tax burden will be rationalized as itll be shared by all dealers, and determines, in general, will fall.Moreover, VAT will replace the breathing system of inspection by a system of built-in self- sound judgment by traders and manufacturers. The tax structure will become simple and more transparent and tax compliance will improve significantly. It will also be simpler and offer easy computation and easy compliance. VAT will prevent cascading effect through input rebate and help avoid distortions in trade and thrift by ensuring uniform tax rates. Who pays? All dealers registered under VAT and all dealers with an yearly dis enounce of more than Rs 5 lakh will have to register.Dealers with turnover rates little than Rs 5 lakh may register voluntarily. How to pay? VAT will be paid along with monthly gets. Credit will be given indoors the same month for entire VAT paid inwardly the state on purchase of inputs and goods. Credit thus accumulated over any month will be utilized to deduct from the tax collected by the dealer during that month. If the tax credit exceeds the tax collected during a month on sale deep down the state, the excess credit will be carried forrad to the undermentioned month. Which goods will be taxable under VAT? All goods except those specifically exempt.In fact, over 550 items will be covered under the crude tax regime, of which 46 natural and unprocessed local products would be exempt from VAT. Abo ut 270 items, including drugs and medicines, all agricultural and industrial inputs, capital goods and declared goods would get out 4% VAT. But, following opposition from some states, it was decided that states would have option to either levy 4% or totally exempt food grains from VAT but it would be reviewed after one year. Three items sugar, textile, tobacco under additional excise duties will not be under VAT regime for one year but existing arrangement would continue.OTHER CONSIDERATIONS It is imperative that policy makers in considering adoption of VAT should be interested in the economy wide impact of this tax. Special emphasis is often placed on its effect on equity, bells and economic growth. This is particularly important because of the potential effects on consumption of certain commodities that have a direct or indirect effect on labour productivity. VAT effect on inflation In considering the introduction of VAT, countries are often concerned that it would cause an in flationary spiral. However there is no evidence to suggest that this is true.A survey of OECD countries that introduced VAT show upd that VAT had little or no effect on prices. In cases where there was an effect it was a one time effect that simply shifted the trend inception of the consumer price index (CPI). To guard against any unforeseen price effects the authorities may consider a tighter monetary policy stance at the introduction of VAT. Distribution effects of VAT Value added tax is widely criticized as being regressive with appreciate to income that is its burden go heavily on the poor than on the copious. This emanates from the fact that consumption as a share of income falls as income rises.Hence a uniform VAT rate falls heavily on the poor than the rich. This criticism is valid when VAT payments are expressed as a proportion of current income. However if, following the precede that welfare is demonstrated by the level of consumption rather than income, consumption i s utilize as the denominator the impact of VAT would be proportional. A proportional burden would also be demonstrated if lifetime income rather than current income is used. A lifetime income concept considers the fact that legion(predicate) income recipients are only temporarily at lower income brackets as their earnings increase.In order to address the regressivity of VAT the following measures can be interpreted ?The VAT itself can be used to differentiate taxation of consumer items that are consumed primarily by the poor such that they pay less(prenominal) or at zero rate or to tax luxury goods at a higher than standard rate. ?VAT exemptions may also be granted on goods and services that are consumed mostly by the poor. ?Equity concerns may also be addressed through other ways, away the VAT system, such as other tax and spending instruments of government. This could be in the form of lower basic income tax rates on the poor or some pro-poor expenditures of government.The use of multiple rates of VAT has even so been widely discouraged for various cogitates. These include ?The fact that sometimes it is almost impossible to differentiate between higher quality expensive products e. g. food, consumed by the rich and ordinary products consumed by the poor. Thus any concessions extended may tend to benefit the rich much more than the poor. ?Increased costs of VAT administration as a differentiated rate structure brings with it problems of delineating products and interpreting the rules on which rate to use. ?significantly increased costs of tax compliance for small impregnables, which are sually unable to keep separate records/accounts for sales of differently taxed items. This results in the use of presumptive methods of determining the tax liability, which pulls to more difficulties in monitoring the compliance. The higher compliance cost resultant from differentiation of VAT rates may also be regressive with enjoy to income since smaller firms with lower income tend to bear proportionately more of the burden than do larger firms. Exemptions refer to situations where output is not taxed but taxes paid on inputs are not recoverable.The rationale behind exemptions is to reduce negative distributional effects of tax through the effect on incomes. The effects of exemption may be as follows ?falling of revenues exemptions break the VAT chain. If exemptions are granted at prior to the final sale, it results in a loss of revenue since value added at the final stage escapes tax. ?Un-recovered taxation of some intermediate goods may lead to producers substituting away from such inputs thus distorting the input choices of the said producers. ?Exemptions may create incentives to self come forth i. e. tax scheme by vertical integration. Exemptions tend to feed on each other giving rise to a phenomenon called exemption creep. This arises from the fact that each exemption gives rise to pressures on further exemption. For example creating an exemption to reduce the tax burden on a particular commodity or goods may lead to increased pressure for exemption or zero rating of inputs used for the production of such a commodity. Based on the above, it is important that care is taken when introducing exemptions in order to avoid distortions in the production process as well as to minimize revenue loss resulting from such distortions.Given the fact that the primary purpose of VAT is to raise government revenue in an efficient manner and with as little distortions of economic activity as possible, distribution effects are perhaps better addressed by other forms of tax and government expenditure policies which can often be better targeted at these aims. VAT effect on economic growth Economic growth can be facilitated through investment by both government and the occult sector. Savings by both parties are unavoidable in order to finance investment in a non-inflationary manner.Compared to other broadly based taxes such as in come tax VAT is neutral with enjoy to choices on whether to consume now or save for future consumption. Although VAT reduces the absolute turn over on saving it does not reduce the net rate of cave in on saving. Income tax reduces the net rate of submit as both the amount save as well as the subject on that saving are subject to tax. In this regard VAT may be said to be a superior tax in promoting economic growth than income tax. Since VAT does not influence investment decisions on firms, by increasing their costs, its effects on investment can be said to be neutral.Features of VAT 1. Rate of Tax VAT proposes to impose two types of rate of tax mainly a. 4% on declared goods or the goods commonly used. b. 10-12% on goods called Revenue Neutral Rates (RNR). There would be no fall in such be goods. c. Two special rates will be imposed 1% on silver or gold and 20% on liquor. Tax on petrol, diesel or aviation turbine fuel are proposed to be kept out from the VAT system as they wou ld be continued to be taxed, as symbolizely applicable by the CST Act. 2. Uniform Rates in the VAT system, certain commodities are exempted from tax.The taxable commodities are listed in the respective schedule with the rates. VAT proposes to keep these rates uniform in all the states so the goods sold or purchased across the country would suffer the same tax rate. Discretion has been given to the states when it comes to finalizing the RNR along with the restrictions. This rate essential not be less than 10%. This will ensure By doing this that there will be level playing fields to avoid the trade diversion in connection with the different states, particularly in neighboring states 3.No concession to new industries Tax Concessions to new industries is done away with in the new VAT system. This was done as it creates discrepancy in investment decision. Under the new VAT system, the tax would be fair and equitable to all. 4. Adjustment of the tax paid on the goods purchased from th e tax payable on the goods of sale All the tax, paid on the goods purchased within the state, would be adjusted against the tax, payable on the sale, whether within the state or in the cover of interstate. In case of export, the tax, paid on purchase outside India, would be repaymented.In case of the branch transfer or consignment of sale outside the state, no turn back would be provided. 5. Collection of tax by mete outer/dealer at each stage. The seller/dealer would collect the tax on the full price of the goods sold and shows separately in the sell greenback issued by him 6. VAT is not cascading or elongate though the tax on the goods sold is collected at each stage, it is not cascading or additive because the net effect would be as follows the tax, previously paid on the sale of goods, would be fully adjusted. It will be like levying tax on goods, sold in the last state or at retail stage.Whats the biggest advantage? The biggest benefit of VAT is that it could unite India into a large common market. This will translate to better byplay policy. Companies can start optimizing purely on logistics of their operations, and not on based on tax-minimization. Lorries need not wait at check-points for days they can zoom down the highways to their destinations. Reduced transit times and lower inventory levels will boost corporate earnings. Following are the some more advantage of VAT 1. Simplification Under the CST Act, there are 8 types of tax rates- 1%, 2%, 4%, 8%, 10%, 12%, 20% and 25%.However, under the present VAT system, there would only be 2 types of taxes 4% on declared goods and 10-12% on RNR. This will eliminate any disputes that relate to rates of tax and classification of goods as this is the most usual cause of litigation. It also helps to determine the relevant stage of the tax. This is necessary as the CST Act stipulates that the tax levies at the first stage or the last stage differ. Consequently, the question of which stage of tax it falls under becomes another reason for litigation. Under the VAT system, tax would be levied at each stage of the goods of sale or purchase. . Adjustment of tax paid on purchased goods Under the present system, the tax paid on the manufactured goods would be adjusted against the tax payable on the manufactured goods. Such adjustment is conditional as such goods must either be manufactured or sold. VAT is let loose from such conditions. 3. Further such adjustment of the purchased goods would depend on the amount of tax that is payable. VAT would not have such restrictions. CST would not have the provisions on refund or guard over upon such goods except in case of export goods or goods, manufactured out of the country or sale to registered dealer.Similarly, on interstate sale on tax-paid goods, no refund would be admissible. 4. Transparency The tax that is levied at the first stage on the goods or sale or purchase is not transparent. This is because the amount of tax, which the goods hav e suffered, is not cognize at the subsequent stage. In the VAT system, the amount of tax would be known at each and every stage of goods of sale or purchase. 5. lovely and Equitable VAT introduces the uniform tax rates across the state so that unfair advantages cannot be taken while levying the tax. 6.Procedure of simplification Procedures, relating to register of returns, payment of tax, furnishing declaration and discernment are simplified under the VAT system so as to minimize any interface between the tax payer and the tax collector. 7. Minimize the Discretion the VAT system proposes to minimize the discretion with the assessing officer so that every person is treated alike. For example, there would be no discretion involved in the imposition of penalty, late register of returns, non-filing of returns, late payment of tax or non payment of tax or in case of tax evasion.Such system would be free from all these harassment 8. Computerization the VAT proposes computerization wh ich would focus on the tax evaders by generating Exception Report. In a large number of cases, no processing or scrutiny of returns would be required as it would free the tax docile dealers from all the harassment which is so much a part of opinion. The management in doion system, which would form a part of integral computerization, would make the tax discussion section more efficient and responsive. Value Added Tax IN Maharashtra Quick Flash BackSales tax was first introduced in India in the indeed Bombay commonwealth as early as March 1938 where a tax was imposed on sale of tobacco within certain urban and suburban areas. In the year 1946, a general sales tax was introduced levying sales tax at the last stage of sale of goods. The Bombay Sales Tax Act, 1959 introduced in 1959 underwent many changes thereafter and in July 1981, first point tax was introduced wherein goods were classified into three main schedules, broadly covering tax free goods, intermediate products and finis hed goods.The BST Act was repealed and Maharashtra Value Added Tax Act, 2002 came into force w. e. f. 1st April, 2005 to usher in the progressive value added tax system in place of the old sales tax system. VAT is a progressive and transparent system of taxation which eliminates the cascading impact of multiple taxation through a multipoint taxation and set-off principle. It promotes transparency, compliance and equity and therefore, is both dealer friendly and consumer friendly. VAT being a multi point tax, envisages an increase in the number of dealers and is based on the concept of self-assessment and self-compliance.It is therefore, inevitable that the Sales Tax department transforms itself into a dealer friendly, focused and dynamic department to cater to the ever increasing expectations of both the Government and the Trade & Industry. Sales Tax department has taken up the challenge to transform their selves and be available for assisting the dealers in complying with the pr ovisions of the law. They are in the process of installing a state-wide networked IT system to cybernate entire tax administration and hope to provide online service to the dealers in due course.They are also realigning their organisational structure to meet the challenges of the new system and stakeholders expectations. Part1 Introduction Background Maharashtra is one of the 21 nominates which have introduced the Value Added Tax (VAT) system of taxation from 1st April 2005. With the introduction of VAT, the Sales Tax subdivision has moved to a globally recognized sales taxation system that has been adopted by more than 130 countries. The design of Maharashtra State VAT is generally guided by the best international practices with regard to legal framework, as well as operating procedures.Another key factor in preparation of the design of State level VAT is the national consensus on certain issues. The consensus has been arrived at through the discussions in the Empowered Committ ee of State Finance Ministers on implementation of State level VAT. On 1st April 2005, VAT replaced the single point sales tax. Single point sales tax had a number of disadvantages, primarily that of repeat taxation. VAT is a modern and progressive taxation system that avoids double taxation. In addition to offering the possibility of a set-off of tax paid on purchases, VAT has other advantages for both cable and government.It eliminates cascading impact of double taxation and promotes economic efficiency. It is primarily a self-policing, self-assessment system with more trust put on dealers. It provides the potential for a stronger manufacturing base and more competitive export pricing. It is invoice based, and as a result it offers a better financialsystem with less scope for error. It has an amend control, mechanism resulting in better compliance. It widens the, tax base and promotes equity. VAT in Maharashtra is levied under a legislation known as the Maharashtra Value Added Tax Act (MVAT Act), support by Maharashtra Value Added Tax Rules (MVAT Rules).VAT is levied on sale of goods including intangible goods. The meaning of goods for VAT purposes Goods means every kind of moveable airscrew including goods of incorporeal and intangible nature but there are some exclusion, such as newspapers, actionable strikes, money, shares and securities and lottery tickets. Businesses engaged in. the buying and change of goods within the scope of the VAT law are referred to as dealers. The meaning of sale for VAT purposes A transaction of sale can be a normal sale of goods sale of goods under hire-purchase system eemed sale of goods used I supplied in the course of execution of works sire deemed sale of goods given on lease. The rate of tax applicable to the goods sold under various classes of sales is uniform. However, in respect of normal sales of goods and deemed sales of goods under works bundle and undertake deemed sale of goods given on lease, the Act prov ides for an optional method for discharging tax liability by way of composition. Being so, the tax liability has to be opinionated with reference to the option exercised by the dealer for discharging tax liability.Businesses covered by VAT The VAT system embraces all businesses in the production and supply chain, from manufacture through to retail. VAT is collected at each stage in the chain when value is added to goods. 1t applies to al1 businesses, including importers, exporters, manufacturers, distributors, wholesalers, retailers, works asseverators and lessors. Part 2 Registration under VAT Rules for modification If a dealers annual turnover exceeds the below mentioned threshold, wherefore it must register with the local office of the Sales Tax Department.All Figures in Rs. Category Annual Turnover of Sales Turnover of sales or purchase of taxable goods not less than Fees payable on adaptation Importer 1,00,000 10,000 100 Others 5,00,000 10,000 100 If the dealers turnover is less than the above threshold, accordingly they are not reasonable to collect and pay VAT. However, if a dealer wishes to avail the benefits of being a registered dealer, then they may apply for instinctive fitting by paying a fee of Rs. 5,000/ -. Benefits of being a registered dealer As a registered dealer, they are empower to ollect VAT on the sales claim set-off of tax (input tax credit) paid on purchases Issue tax invoices and, be competitive. Effective assure of registration The effective participation of registration, that is, the date front which a dealer may charge VAT on sales will depend on the date they first become presumable to pay VAT. This date will be determined as follows a) New businesses If a dealer is not registered because their annual turnover is less than the threshold their liability to account for VAT starts from the date they cross the threshold. ) Existing businesses If a dealer took over an existing business that is registered for VAT, then the y will be nonimmune to pay tax on sales from the date they took over the business. c) Voluntary registration If a dealer is registered on a voluntary basis, then he will be liable to account for VAT from the date shown on the certificate of registration. d) Late registration If a dealers turnover has exceeded the suspend threshold but they have applied late for registration, then he can charge VAT on his sales only after they are registered, i. e. from the date shown on the certificate of registration. Further, having crossed the threshold, it is an offence to be engaged in business as a dealer without a certificate of registration Certificate of registration A dealer should prominently display the certificate and hologram, or a repeat of the certificate and hologram, at each place where they carry can on their business. If a dealer has more than one place of business, then Sales Tax Office will provide them, upon their request, one copy of the certificate of registration and ho logram for each additional place of business.If a dealer loses his / her certificate of registration or hologram, or it is accidentally destroyed or defaced, then they may obtain a duplicate copy of the certificate of hologram from their sales tax office. The certificate of registration and hologram is personal to the dealer to whom it is issued and is non-transferable. Changes to business circumstances If, following dealer register, there are any amendments to the details they can be reported while applying for registration, it must done within 60 days of the change, inform us in writing. Where the amendment involves a change in the name of the business hange in the constitution of the business without dissolution of the firm change in the trustees of a Trust change in the guardianship of a ward change in the Karta of a Hindu Undivided Family transmutation of Private limited Company to a Public limited Company change in the place of business addition of new place of business forma tion of a partnership with regard to the business, an use made by a dealer for insolvency or liquidation of their business an application made against dealers business for insolvency or liquidation opening or closing of a posit accountA dealer will not need to make a fresh application for registration. However, the communication to the Registering Authority concerned should be made within sixty days of the change or occurrence of the event. Cancellation of registration A dealer will be liable to pay VAT while their registration is effective. If however, their turnover falls below the threshold, he may choose to apply for cancellation of his registration. However, he should continue to collect and pay VAT in the normal way until his registration is formally cancelled. Alternatively, they may be allowed the registration to continue.If a dealer discontinue the business dispose of or sell or transfer the business A dealer must inform the Sales Tax Department within 30 days of the even t. In case of disposal or sale of business, their successor will need to apply for a fresh registration certificate. For cancellation of registration a dealer should submit form 103 which is available with the local sales tax office. It can also be downloaded from the website www. vat. maharashtra. gov. in If the Sales Tax Department cancels the dealers registration, they must return the Certificate of RegistrationThe cancellation of their certificate does not affect their liability to pay any tax, interest or penalties in respect of any conclusion prior to the date of cancellation of their registration. The obligations of a registered dealer Following are the registration, which dealers are obliged to display prominently their certificate of registration and hologram in their place of business, and a copy of the certificate and hologram in each of the other places where they carry on their business inform their sales tax office of any changes in the details previously reported to the sales tax office collect VAT on all sales at appropriate rates alculate the tax due and submit correct, complete and self consistent returns and pay the amount of tax due on or in advance the due dates issue tax invoice / bill or notes register to all customers maintain adequate records and retain them for a period of quintuple years from the end of the tax year to which they relate extend co-operation to the officers of the Sales Tax Department at dealers business premises and provide all assistant to them to discharge their duties. Part 3 Explaining VAT How VAT worksWhen a dealer sell goods, the sale price is made up of two elements the selling price of the goods and the tax on the sale. The tax is payable to the State Government. The tax payable on sales is to be forecastd on the selling price. The tax paid on purchases supported by a, valid tax invoice is generally available as set-off (input, tax credit) while discharging the tax liability on sales. fashion model T he following example shows how the VAT works through the chain from manufacturer to retailer.Company A buys iron ore and other consumables and manufactures stainless steel utensils partnership firm B buys the utensils in bulk from Company A and polishes them shopkeeper C buys some of the utensils and purchases packing, material from vendor D, packages them and sells the packed utensils for the public. (The sale and purchase figures shown in the example are excluding tax) Particulars Amount (Rs. ) VAT 4% (Rs. ) Company A Cost of iron are and consumables 50,000 2000 Sales of unpolished stainless steel utensils 1,50,000 Value added 1,00,000 Company A is liable to pay VAT on Rs. 1,50,000/- 4% 000 Less Set Off (2000) sack VAT amount to pay with the Return (Note Tax invoice issued by Company A will show sale price as Rs. 1,50,000/- tax as Rs. 6,000/-. Therefore, the total invoice value will be Rs. 1,56,000/-) 4000 Partnership B Purchases unpolished stainless steel utensils. 1,50,000 S ales polished stainless steel utensils 1,80,000 Value added 30,000 Partnership B is liable to pay V AT on Rs. 1,80,000 at 4% 7,200 But can claim set off of tax paid on purchases (6,000) interlocking VAT amount to pay with the Return 1200 tradesman C Purchases polished stainless steel utensils 1,80,000 Packing material 5,000Total Purchases 1,85,000 Sales 2,25,000 Value added 40,000 Shopkeeper C is liable to pay V AT on Rs. 2,25,000 4% 9,000 Set off of tax paid on purchases (Rs. 7,200 + Rs. 200 of packing material) 7,400 Net VAT amount to pay with the Return 1,600 Vendor D Tax paid costs Nil Sales 5,000 Value Added 5,000 Vendor D is liable to pay VAT on Rs. 5,000 4% 200 The VAT due on the value added through the chain, i. e. , 4% on Rs. 2,25,000 is 9,000 The State Government veritable the tax in stages. The payments of tax were as follows Particulars Amount (Rs. ) Suppliers of Company A 2,000 Company A 4,000 Partnership B 1,200Shopkeeper C 1,600 Vendor D 200 Total 9,000 Thus, th rough a chain of tax on sale price and set off on purchase price, the cascading impact of tax is totally eliminated. Since set-off of tax on purchases is given only on purchases from registered dealers where tax is collected separately, dealers purchases from unregistered dealers, imports, inter-state purchases and purchases from registered dealers without separate tax collection are not entitled to set-off. In practice, the tax is finally borne by the ultimate consumer, who is not a registered dealer, in this case, people who buy utensils from the shopkeeper C.Rates of value added tax There are two main rates of VAT 4% and 12. 5%. The goods are grouped into five schedules as under Schedule Rate of tax Illustrative Items A 0% Vegetables, milk, eggs, bread B 1% Precious metals and precious stones and their jewellery C 4% Raw materials, notified industrial inputs, notified information engine room products and a few essential items D 20% and above Liquor, petrol, diesel etc E 12. 5% O ther than items specified in schedules A, B, C & D. (The list is informative and not exhaustive. interest refer to the schedules for details) Difference between tax free goods and exempt salesIt is sometimes confusing to have goods that are tax free and sales that are exempt. Both result in no VAT being charged, so what is the difference? Tax free goods do not collect tax at any stage of sale or in any type of transaction, whereas, exempted sales are certain types of transactions, viz. , export sales which are exempt from tax. Composition schemes Certain dealers may find it difficult to keep detailed records for claiming set-off. For such dealers, a simpler and optional method of accounting for VAT has been introduced. This method is the composition scheme.It may be noted that composition scheme is not meant to be a tax concession scheme but only a simplification of tax calculation and payment system. Tax payable by dealers opting for composition in lieu of VAT The following clas ses of dealers are entitled for option to pay tax under composition Resellers selling at retail, i. e. , to consumers, Restaurants, eating houses, hotel (excluding hotels having gradation of Four Star and above), refreshment rooms, boarding establishments, clubs and caterers, Bakers, Dealers in second-hand passenger ram vehicles and Works contractorsDealers engaged in the business of providing mandap, pandal, shamiana. Accordingly, if the dealer has opted for payment of tax liability under composition, the tax liability has to be determined in terms of the guidelines given in the relevant Notification in this regard. Apart from the terms and conditions governing each of the composition schemes, the Notification explains the methodology for computation of turnover liable to tax and the rate of composition payable. A dealer can opt for the composition option at the beginning of the financial year and has to continue to be a composition dealer at least till the end of that financial year.If dealer wishes to switch, over to normal VAT, he can do so only at the beginning of the next financial year. However, a new dealer can opt for composition at the time of registration. In respect of works contract, the contractor can choose to discharge tax liability under composition option. Moreover, such an option can be exercised by the contractor on contract to contract basis. Part 4 Calculating tax liability In, order to envision how much tax a dealer has to pay, he must, first determine his turnover of sales and turnover of purchases. The second stage is to ascertain the amount of tax due for payment.Calculating turnover of sales and purchases The turnover of sales is the total of the amounts received or receivable (excluding VAT charged separately) in respect, of the sale of goods, less the amount refunded to a purchaser in respect of goods returned, within six months of the date of the sale. Similarly, the turnover of purchases is the total of the amounts paid or pa yable (excluding VAT charged separately) in respect of the purchase of goods less (the amounts repaid to dealer in respect of goods they return, within six months of the date of purchase. Credit notes and debit notes.If the sale price, or the purchase price, of any goods is varied and either a credit note or a debit note is issued, then the credit note or the debit note, as the case may be, should show separately, the tax and the price. be accounted for in the period in which the appropriate entries are made in their books of accounts. Special cases Auctioneers If dealer is an auctioneer, then they must include in their turnover, the price of the goods they auction for their principal Hotels There are special rules for hotels and other establishments that provide boarding and lodging for an inclusive amount.The rules provide a formula to modify them to calculate their turnover of sales for meals (food and beverages) which they provide. The supply of food in a restaurant also includ es an element of service. But the full amount charged is the sale price for the purposes of calculating turnover and tax. Works contracts VAT applies only to the sale of goods. Supply of services is not liable to VAT. Works contracts are deemed sales where both, goods and services are provided in a transaction and cannot be separated. A works contract may involve the creation of immoveable property, e. g. a house, a factory or a bridge.Some other examples of works contracts are photography, repairs & maintenance etc. To calculate the amount a dealer should include it in their turnover of sales, so that they may deduct it from the total contract price, the costs of labour and service charges. amount paid to sub-contractors. charges for planning and designing, and any architects fees. hiring charges for machinery and tools. cost of consumables, such as, water, gas and electricity. Dealers administrative costs relating to labour and services and any other similar expenses. any profit e lement that relates to the supply of labour and services.Alternatively, in lieu of the deductions as above, a dealer may choose to discharge the liability arising on works contracts by referring to the table prescribed in the rules. If the dealer finds that it is too complicated to calculate the deductions, then they may opt for a composition scheme for any works contract. Sales and purchases not liable to tax under VAT The VAT law specifically excludes from value added tax all imports, exports and inter-state transactions. These transactions are covered by the CST Act. Similarly, transactions that take place outside Maharashtra are not within the scope of MVAT Act. Point of levy in certain casesHire purchase Where there is a hire purchase understanding or an agreement for sale by installments, the date of the sale is deemed to be the date of the delivery of goods. This is despite the fact that legal ownership of the goods only passes to the buyer after payment of the final install ment. If the hire-purchase agreement specifies the interest component then in calculating the sales price, dealer should disregard the interest component included in the agreement. Calculating the amount of VAT due on sales Dealer should also make some adjustments to the total turnover of sales to arrive at the amount on which tax is due.From the total sales one should deduct the total of exports and inter-State sales. the total of sales of goods that are tax free, and branch / consignment transfers to locations in Maharashtra as well as other States. the tax collected. To calculate the tax due, dealer should start allocating their turnover of sales in the return period (net of the above deductions) to the rates of tax they have been charged. They should also ensure that the correct tax rates are applied. The information should be readily available from their records. This gives the total of sales tax due. Calculating the turnover of purchasesRecords will provide the total figure, b ut they may not have paid VAT on all their purchases. They must now deduct the total value of imports from out of India. inter-State purchases. purchases of tax free goods. direct purchases from exempted units under the Package proposal of Incentives. consignment transfers, and local purchased from unregistered dealers. local purchases from registered dealers not supported by tax invoice. The resulting figure represents purchases against tax invoices from registered dealers. Calculating the amount of set off due (VAT paid on purchases) This s the next stage of tax calculation. At this stage VAT is charged on total purchases. Dealer must, however, make some adjustments to this amount for, in certain cases, the full set off of the VAT paid on purchases is not available. Adjustments to tax available for set off If dealers purchases include goods, used as fuel, or for the manufacture of any tax-free goods, or as packaging for tax-free goods, this goods should be sold. Then a dealer mus t calculate the value of those items and deduct tax 4% of the corresponding purchase price from the amount other available for set off. Not applicable to psi dealers other than the New Package system of rules of Incentives for Tourism Projects, 1999 and also to manufacturers of tax-free sugar or fabrics covered by Entry A 45 and where such goods are sold in the course of export falling under section 5 of the CST Act, 1956). Similarly, if the goods are stock transferred by way of branch / consignment transfer to a place outside the State, deduct tax 4% (1 % in respect of goods covered by Schedule B) of the corresponding purchase price from the amount other than available for set off.Dealer must also make further adjustments as follows If they have been used any goods (other than capital assets) as part of a works contract for which they have been opted for payment composition 8% on the total contract value, they must also deduct 36% of the amount from the set off otherwise avai lable (4% of purchase price in respect of braid contracts for which they have been opted for payment of composition 5% on total contract value).Where a dealers sales are less than 50 % of their gross receipts, then they can claim set off only on those purchases of goods or packing materials naturalized in that year where the corresponding goods are sold within six months of the date of purchase or consigned within the said period to another State by way of stock transfers. In respect of office equipment, furniture or fixtures which have been treated as capital assets, a dealer should reduce set-off otherwise entitled by an amount equal to 4% of the purchase price.If a dealer is the retailer of liquor vendor and its actual sale prices are less than the Maximum Retail Price, there is a special formula for calculating the amount of the adjustment. Effectively this means that, if a dealer sells at 75% of the MRP then they can claim set off only to the extent of 75% of the tax paid. A dealer can not claim any set off for the tax paid on any purchases that remain unsold on the date when business discontinues. All this information should be available from their records, including tax invoices and bills or cash memorandum they have issued, and the tax invoices they have received.Set off not available There are various items on which set-off is not available such as, goods of incorporeal or intangible character other than those specified, passenger motor vehicles, motor spirits, crude oil, building material used for construction etc. Conditions for claiming set off A dealer can claim set off only for VAT paid on purchase if they have a valid tax invoice for that transaction and they had maintain account of purchases showing the specified details. Tax payable The amount of set-off admissible can be adjusted against tax payable.The amount of net tax payable is the total of sales tax collected on sales less the set-off available. pay back cases If the amount of set-of f admissible during the period is more than the amount of tax payable, then dealers return would reflect a balance refundable to the dealer. The amount of set-off can be more than the tax payable for a variety of reasons, such as Inputs are taxable at higher rate as compared with the rate of tax on output. Outputs are tax-free goods while inputs carry tax. Outputs are export sales.Outputs are CST sales which are taxable at the concessional rate of CST. Manufactured goods or trading goods are transferred to branches outside the State or are sent on consignment transfers. Apart from part of the admissible set-off which can remain unutilized, excess credit can be on account of unutilised portion of tax deducted at germ or refund payment order or ad-hoc payment made is more than tax payable. Whatever may be the reason for credit in excess of tax due and payable during a tax period, dealers are suitable to claim refund of such excess credit.For the purpose of granting refund, dealers h ave been classified under two categories viz. a) specified class of dealers and b) other dealers Refund to specified class of dealers condition classes of dealers are Exporters exporting out of the country or dealers selling to an exporter against form H. A unit set-up in SEZ or STP or EHTP or a 100% EOU unit. These units have to be certified by the Commissioner of Sales Tax. An Entitlement Certificate holder availing of the benefit ofincentives under the Package Scheme of Incentives (PSI).Specified class of dealers and the dealers who have made a sale in the course of inter-State trade or commerce and in the return he has shown any amount to be refundable are eligible to claim refund in each of the returns filed by them. Full amount of excess credit can be claimed as refund due for the return period. The dealer eligible to claim refund has to file refund application in bod 501. The application has to be filed with the Refund Branch. The Refund Branch may ask for Bank Guarantee and any relevant information for checking correctness of refund claimed.Normally, refund would be granted within one month from the receipt of Bank Guarantee or within three months from the date of receipt of refund application in Form 501, or as the case may be, the date of receipt of the additional information, whichever is later. Refund to other dealers Other dealers are not eligible to get refund in each of the return filed. They are required to carry forward excess credit to the next return within the same financial year and claim refund of excess credit in the return for the period ending March. The dealer claiming refund in March return has to make refund application in Form 501.The application has to be filed with the Refund Section. Normally, refund would be granted within six months of the end of the year to which the return relates. However, refund would be granted within six months to the new dealers at the end of the year succeeding the said year. Audit of refund claims The refund granted to dealer would be subject to audit by the Refund Audit Section. The audit may be taken up before granting the refund or after the refund is granted. Normally, refunds made against Bank Guarantee would be taken up for audit after the refund has been granted.During the course of the audit, the audit team will check dealers eligibility to claim refund and the correctness of the amount of refund claimed by them. Interest on delayed refund No interest is payable on the refund due to a dealer as per returns filed by a dealer. However, if granting of refund is delayed beyond the above mentioned periods, dealer is eligible for interest for delayed payment. Simple interest at the rate of 6% per year would be payable for the period from the due date to the date of refund. Some tips for getting timely refundDealers claim of refund would be processed faster if They had filed the return with the Returns branch as per the prescribed time schedule. The return filed by the dea lers should be correct, complete and self-consistent. They should have claimed refund as per the appropriate periodicity. The amount of refund due to them should be computed correctly. Refund application in Form 501 is filed with the Refunds branch in time. They should have promptly furnish Bank Guarantee and other details when called for. They should keep ready all the documents and records for audit.They should file the return for a period for which they are required to file. Thus, if they are required to file a every bottom return, but they file a monthly return, then the refund would not be granted for the monthly return. In order to be eligible for refund, they would have to file a tail assemblyly return. Part 5 Filing a return and paying the tax VAT is a self-assessment system and dealers are expected to make self assessment for a given tax period and declare their VAT liability by filing returns. The returns have to be filed in the prescribed form and by the specified da tes.Further, they are also required to pay the tax due as per the return filed. In Maharashtra, return form is return-cum-chalan. As such, filing of returns along-with payment of tax on or before the due date at the notified bank would be considered as sufficient compliance. However, where any amount of tax including interest or penalty is due as per a fresh or revised return, then they should first pay such amount in Government Treasury and file the return in the local office of Sales Tax Department along with a self attested copy of the chalan.If no payment is due or a refund is claimed as per the return, they are also required to file the return in the local office of the Sales Tax Department. Return forms The return forms prescribed are as follows. Form No. To Be Used By 221 All VAT dealers other than dealers executing works contract, dealers engaged in leasing business, composition dealers (including dealers opting for composition only for part of the activity of the business), PSI dealers and notified Oil Companies. 222All composition dealers whose entire turnover is under composition (excluding works contractors opting for composition and dealers opting for composition only for part of the activity of the business). 223 VA T dealers who are also in the business of executing works contracts, leasing and dealers opting for composition only for part of the activity of the business. 224 PSI dealers holding Entitlement Certificate (Transactions by PSI dealers relating to the business of executionof works contracts, leasing, frading and composition only for part of the activity of the business to be included in a separate return in Form 223). 25 Notified Oil Companies (Transactions by OIL Companies relating to the business of execution of works contracts, leasing and composition only for part of the activity of the business to be included in a separate return in Form 223). A dealer can refer to the instructions given in the form before filling the return. Ple ase ensure that the return for a tax period covers all the transactions of sales, purchases, branch transfers received, branch transfers made etc. Further, they must ensure that all the columns of the return are duly filled in and are clearly legible.If a particular column is not relevant, please do not leave it dope but mention not applicable. The return filed by them must be correct, complete and self-consistent. Time schedule for filing returns Periodicity of filing returns is as follows Retailers who have opted for composition should file six-monthly returns. Newly registered dealers should file every quarter returns until the end of the year in which they first register. All package scheme dealers should file quarterly returns. All other dealers should file returns as given below -Dealers whose tax liability in the previous year was less than Rs. 1,OO,OOOj- (Rs. 1lakh) or whose entitlement for refund was less than Rs. 10,OO,OOOj- (Rs. 10lakh) should file six-monthly returns. Dealers whose tax liability in the previous year was more. than Rs. 10,00,000- (Rs. 10lakh) or whose entitlement for refund was more than Rs. l,00,00,000- (Rs1crore) should file monthly returns. All other dealers should file quarterly returns. Filing and payment dates for return-cum-chalan are as follows Return Frequency Filing / Payment date Monthly 21 days from the end of the return periodQuarterly 21 days from the end of the return period Six Monthly 21 days from the end of the return period Scrutiny of returns filed The return filed by the dealer should be correct, complete, and self-consistent in every respect. The Sales Tax Office will check the return to ensure that there are no obvious errors in consistencies or contradictions in calculations. If this check reveals discrepancies, then the dealers will be advised and invited to submit a fresh return. The department will issue this defect notice within four months of receiving their return.Then they should file their fresh re turn within 30 days of the notice. If they fail to do so, it will be deemed not to have filed the return within the time allowed, and will so liable to a penalty charge. At the same time, as the department issues the defect notice, dealers will be sent a show cause notice, explaining that a penalty may be imposed. Offences relating to filing of returns and payment of tax The following are the offences liable for interest / penalty / prosecution etc. Short- payment / non- payment of tax due Failure to file returns Delay in filing returns knowingly furnishing false returns Filing of incorrect or incomplete or inconsistent returns Consequences for filing a return, which is not correct, complete and self-consistent Each of the returns filed by them is checkered to confirm that the same is correct, complete and self-consistent. In case the return is defective, a defect notice is issued by the Returns Branch pointing out the error or the omission. On receipt of the notice, it is required to file fresh return which is correct, complete and self-consistent and should also pay differential tax due, if any.The return filed by them in resolution to defect notice is termed as Fresh Return and the dealer should indicate so on the return in the space provided for the same. Fresh return rectifying the defects has to be filed within the time limit specified in the defect notice. Failure to comply with the notice would be construed as non-filing of return and consequently, a unilateral (ex-parte) assessment order would be passed. Failure to file a return If dealers fails to file a return within the time allowed, then they are committing an offence and, in addition to any tax and interest that may be due, which is liable to a penalty.As no return has been filed by them, a unilateral assessment without giving them a notice will be made. This unilateral assessment order is non-appealable. However, they can get this assessment order cancelled only by filing the return and paying the tax and interest due as per the return. For this purpose they should file application in Form 304 and submit to Returns Branch. Paying the tax due All the dealers or the person must file their return and should pay the tax due, in a bank that is authorized to accept the return.If they are required to file a revised return, and the tax due exceeds the amount which they had paid when submitted earlier form, then they should pay the balance amount which is due now. The bank will give them an acknowledgement of the receipt of their return and payment. If there is any doubt that where to file the return and pay the tax due, then can ask to their local sales tax office. revise return Subsequent to filing the return, in case dealer notices any error or omission, then they can file a revised return before expiry of eight months from the end of the financial year to which the return relates or before a otice for assessment is served, whichever is earlier. Such return should be accompani ed by payment of tax and interest, if any. In case the return filed by them is a revised return, then they should indicate it on the return form in the space provided for the same. The various types of returns and their description have been summarised as under Type Of Return Description Original The return filed by the dealer originally along with the payment in the bank. Fresh The return filed by the dealer after the department issues a defect notice. Revised The return filed by them to correct any error or omission.Filing of returns in special cases The first return for the newly registered dealer is for the period up to the end of the quarter containing the date of its registration. Example 1 The turnover exceeds the threshold on 1st November. Then they should apply for registration, which is granted on 30th November and the date of effect is 1st November. The first return is for the quarter ended 31st December covering the period 1st, April to 31st December and the second retur n is for the quarter ending following 31st March. Example 2 If turnover exceeds the threshold on 1st November.But dealer apply late for registration i. e. on 10th December, and the registration is granted on l0th December, then the date of effect registration is 10th December i. e. , Date of application. The first return is due for the quarter ending on 31st December (covering. the period 10th December to 31st December).. Filing of return in case of cancellation of registration Dealers registration may be cancelled if they discontinue, transfer or sell the business. They may also choose to cancel their registration if their turnover falls below the threshold limit. ExampleIf dealers file the returns quarterly and their, last return was for the quarter ending 30th September. If a dealer closes the business on 15th November, then their final return will be for, the period 1st October to 15th November. The return should be filed within one month, that is, before 15th December. Dealer u nder the Package Scheme of Incentives If dealers hold a Certificate of Entitlement granting an exemption from payment of tax or deferment of payment of tax, it should be for the unit which is eligible for the incentives, file a quarterly return, in Form 224.They must continue to file quarterly return till the Certificate of Entitlement remains valid. When the validity of the Certificate of Entitlement ends, then dealer must file a quarterly return, in form 224, for the period from the first day of the quarter in which the event occurs to the date the Certificate of Entitlement ceases, and a quarterly return, in form 221 or 222 or 223 as the case may be, for the remainder of that financial year. For succeeding years, the period and frequency of the returns will be determined on the basis of the tax liability or entitlement for refund of the preceding financial year.Filing multiple returns Dealers are required to file a single return at its principal place of business for all its bus inesses or places of business. If they desire to file separate returns for separate places / divisions, then they must apply for Form 211 for permission to file multiple returns. Dealer should ensure that correct, complete and self-consistent returns are filed at all the locations in the State. Tax deduction at source by an employer in a works contract The works contractor is obliged to pay the tax on the works contracts executed by him. However, the employer i. e. he notified person who has engaged the works contractor is obliged to deduct tax at the specified rate from the amount payable to the works contractor, excluding the amount of tax, if any, separately charged or service tax levied by the contractor.. The tax amount so deducted and paid to the Government treasury IS considered as a payment made on behalf of the works contractor. The employer is required to deposit this tax and issue a certificate of tax deduction at source in the prescribed format based on which the works c ontractor is allowed to take the credit of the same while discharging his tax liability. Part 6 Records and accountsKeeping records Proper records are an essential part of effective management and control of their business. Dealers are required by law to keep a true and accurate account of the transactions effected by them. This will also help them to correctly quantify their tax liability or refunds, as the case may be. They should keep all their accounts, registers and documents relating to their stocks of goods, purchases, sales and deliveries of goods, at their place of business. If they wish to keep them at a different location they may do so, but only if they have the permission of the Commissioner of Sales Tax. Nature of recordsNormally, this department will not expect them to keep any special records for VAT purposes. However, the records that they do keep should have sufficient details to enable them to correctly calculate the amount of VAT due for payment and file their r eturn. If Sales Tax Office happens to find that their records are not properly maintained, then they will issue a notice, informing dealers about what records they must keep. A dealer should maintain the following records to identify the nature and value of goods purchased and sold depict between local sales, interstate sales & exports. local purchases, interstate purchase & imports. ndicate value of sale and purchase of tax free goods. sales exempted from tax. purchases from URD. rate-wise purchases & sales. local purchases from registered dealer with VAT shown separately. record payments for the purchases and sale of goods in cash book / bank book. include a summary of VAT paid separately on purchases, VAT charged on sales, VAT paid to the State treasury and VAT refundable / refunded to the dealers. contain adequate proof that goods have been exported or imported be supported by invoices for all goods purchased, and copies of invoices, and bills or cash memoranda, issued for g oods sold.Tax invoices and memoranda of sales or purchases As a registered dealer, they should issue a tax invoice when they sell goods to another registered dealer and charge VAT. For sales made to consumers and unregistered dealers, they must issue a tax invoice, or a bill or cash memorandum. However, if a dealer is a composition dealer other than a works contractor, they must issue a bill or cash memorandum only and not a tax invoice. Failure to issue a tax invoice or a bill or cash memorandum may result in a penalty. The tax invoice must contain he words Tax invoice, printed in bold letters at the top or at a pro