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Indirect taxes


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An overview of Indirect Taxes

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Indirect taxes

  2. 2. Difference between direct and indirect taxes Point of difference DIRECT TAX INDIRECT TAX Incidence & Impact A tax is said to be direct ‘when impact and Incidence of a tax are on one and same person. If impact of tax is on one person and incidence on the another, the tax is called ‘indirect’ Burden Direct tax is imposed on the individual organisation and burden of tax cannot be shifted to others. Indirect tax is imposed on commodities and allows the tax burden to shift. Viability of payment Direct taxes are lesser burden then indirect taxes to people as direct taxes are based income earning ability of people. Indirect taxes are borne by the consumers of commodities and services irrespective of financial ability as the MRP includes all taxes. Administra tive viability The administrative cost of collecting direct taxes is more and improper administration may result in tax evasion. Cost of collecting indirect are taxes is very less as indirect taxes are wrapped up in prices of goods and services and cannot be evaded Collected from someone or
  5. 5. Concept of Central Sales Tax (CST) • CST is an indirect tax as the burden falls on consumer • CST act came into force on 1.7.1957 • This act applies to whole of India, including J&K • It is levied by Central Government on TAXABLE TURNOVER of Inter-state sale of goods made by registered dealer in ordinary course of business. • It is payable in the state in which movement of Goods commences. • It is assessed, collected and administered by State Government.
  6. 6. CENTRAL SALES TAX ACT-1956 CONDITIONS 1. There should be A dealer 2. Should be A registered dealer 3. He must carry on any business 4. Sale should take place 5. Sale may be to A regd or unregd buyer 6. The sale should be of goods. 7. The sale can be of also declared goods (goods of specific importance) 8. The sale should take place in course of inter state 9. The sales should not be within the same state. 10. The sale should not be outside India
  7. 7. DEFINITIONS • DEALER U/S 2(b). He is A person one who is involved in the activities of buying, selling, distributing the goods directly or indirectly either for cash or for deferred payment ,for commission ,brokerage etc. DEALER INCLUDES 1. Local authorities ,co-operative societies, A company, HUF, association of persons, firms.. 2. Suppliers, broker, del creder, commissioner, etc. 3. An auctioneer(govt, agent, etc) REGISTERED DEALER SEC 7 • A person should register himself u/s 7 • The registration may be: • VOLUNTARY REGISTRATION OR • COMPULSORY REGISTRATION
  8. 8. SALE -2(G) SALE INCLUDES • A transfer of goods for money • Transfer of goods for money’s worth • Transfer of goods on an agreement to pay on deferred system • Hire purchase system and installment system. POINTS TO BE REMEMBERED • Sale may be to a registered buyer or unregistered buyer. • Element of price is essential. • Free supply is not sale. • Quantity discount is not a sale. • Mortgage is not a sale. • Depot transfer is not a sale.
  9. 9. GOODS-2(d) • Goods means any article, thing, commodity, and which is movable ,however goods • DOES NOT INCLUDE: Newspapers, actionable Claims, stocks, Shares, Securities. • DECLARED GOODS –SEC2(C) • Declared goods are goods of special importance.If declared goods are sold there are certain benefits which can be obtained by the dealer, which is not available for the ordinary goods. • Cereals ,Pulses, Coal Including Coke But Not Charcoal, Cotton Waste , Hand Made Garments, tobacco, Raw Tobacco, Cheroots Of Tobacco ,Jute, Oil Seeds, Cotton In Unmanufactured Form ,Crude Oil,sugar, khandsare Sugar, Aviation Turbine Fuel, refused Tobacco, Cigars ,Hides And Skins, Woven Fabrics Of Wool.
  10. 10. INTER STATE SALE-SEC 3 • Once the goods are taken out of dealers place then final destination should be taken into consideration and not the route through which goods are transferred. BASIS OF CHARGE • When all these conditions are satisfied then CST will be levied AT SPECIFIED RATE ON TAXABLETURNOVER WHICH WILL BE BASED ON SALES AND NOT ON PROFITS.
  11. 11. Rates of CST • Form C The sales tax on inter-state sale is 4% or the applicable sales tax rate for sale within the State whichever is lower if the sale is to a dealer registered under CST. • Form D Sale to government is taxable @ 4% or applicable sales tax rate for sale within the State whichever is lower. • Form E1 This form is issued by the dealer who makes the first inter-state sale during movement of goods from one State to another. • Form E2 This form is issued by the second or the subsequent seller when the goods move from one state to another in a series of inter-state sales by transfer of documents of title. • Form F This form is issued when goods are dispatched to another state as a consignment or to the branch of a dealer in another State. The CST is not payable if there is only inter-state stock transfer and there is no sale. • Form H This form is issued by an exporter for purchase of goods. The purchase of goods is for an export order or in pursuance of an export order. • Form I This form is issued by a dealer located in a Special Economic Zone (SEZ). No CST is levied when sales is made to a dealer located in SEZ.
  12. 12. Particulars Amount Price or value of Goods Sold XXX Less: Goods rejected/ Returns XX Net Sales XXX Less:  Discounts  Insurance charges at request of Buyer  Transportation and Freight charges  Installation charges Balance XXX Add: Packing charges Central Excise Duty Insurance charges (borne by seller) Weighing charges Aggregate Sale Price XXX Less: CST (Aggregation of Sale price x Rate of tax / 100+Rate of Tax XX Taxable turn Over XXX
  13. 13. Value Added Tax • The value added tax was introduced as an indirect tax into the Indian taxation system from 1 April 2005. • The existing General Sales Tax Laws were replaced with new Value Added Tax Acts . • VAT is a tax, which is charged on the “Increase in Value” of good and services at each stage of production and circulation. • It is charged by registered VAT businesses
  14. 14. Rate of TAX (VAT) • Rate of Tax: Schedule ‘A’ – Essential Commodities (Tax free)- Nil Schedule ‘B’ – Gold, Silver, Precious Stones, Pearls etc. - 1% Schedule ‘C' – Declared Goods and other specified goods - 4% Other goods w.e.f. 1/5/10 - 5% Schedule ‘D’ – Foreign Liquor, Country Liquor, Motor Spirits, etc. - At specified rates Schedule ‘E’ – All other goods (not covered by A to D) - 12.5%
  15. 15. Calculation of VAT Calculation of VAT (tax @10%) Amount Purchase price 200 Tax paid during purchase (Rs. 20 [input tax]—10% on 200) Selling price 250 Tax collected on resale (Rs. 25[output tax]—10% on 250) VAT payable (Output tax – Input Tax) Rs. 5 (25-20) Total tax collected by the Government  At the time of purchase by the dealer----Rs. 20  At the time of resale by the dealer---------Rs. 05  Total---------------------------------------------------- Rs. 25
  16. 16. CENTRAL EXCISE ACT • The law of Central Excise duties is governed by the following : • Central Excise Act 1994 • Central Excise tariff Act 1985 • Central Excise Rules ,1944
  17. 17. • Central Excise Act ,1994 • This is the basic law related to the levy and collection of duties of central excise. However this Act does not contain the rate at which duties are imposed. • Central Excise Tariff Act ,1985 • This Act classifies various goods on which central excise duties are levied and prescribes the rates at which the duty is payable. • Central Excise Rules ,1944 • All manufacturers of excisable goods are required to register under these rules .The registration is valid as long as production activity continues and no renewals are necessary
  18. 18. Taxable event for central excise duty Taxable event for charge of duty of central excise is the manufacturer or production of goods in India. In this context ,the Supreme Court has observed:  Excise duty is not directly on the goods, but manufactured thereof. Though both excise duty and sales duty levied with reference to goods, the two are very different imposts.  In one case, the imposition is on the act of manufactured or production, while in the other it is on the act of sale.
  19. 19. Liability for central excise For condition must be present for the charge of central excise duty: 1. 1.The duty is on goods 2. 2.The goods must be excisable 3. 3 .The goods must be manufactured or produced 4. 4.Such manufacture or production must be take place in India
  20. 20. 1.GOODS For an item to be considered goods for the purpose of the levy of central excise duty ,it must satisfy two requirements: Movability Goods must be movable. Duty cannot be levied on immovable property .Central excise duty cannot imposed on plant and machinery Marketability Goods must be marketable .The goods must be known in the market and must be capable of being bought or sold 2.Excisable goods  For the liability of duty of central excise to arise, the item in question should not only be goods it should also be excisable goods.  A goods become excisable if and only if it is mentioned in the Central Excise Tariff Act 1985
  21. 21. 3.Goods must be manufactured or produced The third condition that must be satisfied for becoming liable to pay duties of central excise is that the goods must be manufactured or produced. 4. Manufactured or production must in India  Finally ,for the liability to pay central excise duty to arise the goods must be manufactured or produced in India. 5. Who is liable to pay central excise duties?  The central excise duty is a tax on manufacture or production of goods. Hence, the liability to pay excise duty lies on manufacturer or the producer
  22. 22. Basis for valuation of goods 1. Specific duty 2. Tariff duty 3. Maximum retail price 4. Ad -valorem basis
  23. 23. Basis for valuation of goods The duty of central excise is charged on four bases: • 1.Specific duty • 2.Tariff duty • 3.Maximum retail price • -valorem basis
  24. 24. 1.Specific duty • It is the duty payable on the basis of some physical feature of the product unit like weight, length, volume, thickness, etc. • Some of the goods on which duty is charged on the basis are as follows item Basis Cigarette Length Matches Box of 100 Sugar Quintal Cement Per tonne 2.Tariff value 1. The government has the power to declare a value on the basis of which duty of central excise will be charged. 2. When the government declare the value, the duty is charged on the value and the actual value of the goods is ignored.
  25. 25. 3.MRP –based valuation Some manufactures had started the practice of central excise by resorting to some questionable practices. In order to check these malpractices, a new basis of valuation was introduced, that is, the maximum retail price(MRP)-based valuation. E.g.: television sets, DVD players, Cosmetics, Toilet preparations and chocolates 4.Ad Valorem duty The first three bases of valuation are applied for only a few goods. In a large majority of cases the duty of central excise is payable on the basis of the value of the goods, called the assessable value.
  26. 26. Meaning of customs duty 1. Duty or tax, which is levied by central govt. 2. Collected from the importer or exporter of goods. 3. Duties are usually “ad –valorem rates” 4. “Ad –valorem rates” 5. Duty as a percentage of the value of goods
  27. 27. Scope and coverage of customs law 1. Basic act for levy and collection of customs duty. 2. Contain various provisions relating to imports and exports of goods and merchandize as well as baggage of persons. 3. The main purpose of customs act, 1962. 4. Prevention of illegal imports and exports. 5. The act extends to the whole of the India. 6. Two acts. 1. The customs act, 1962 2. The customs tariff act, 1975
  28. 28. Objects of customs duty • The customs duty is levied, primarily, for the following purpose: 1. To raise revenue. 2. To regulate imports of foreign goods into India. 3. To conserve foreign exchange, regulate supply of goods into domestic market. 4. To provide protection to the domestic industry from foreign competition by restricting import of selected goods and services, import licensing, import quotas, and outright import ban.