Some
amendments have been made in CST Act vide Finance Act,
2002 to facilitate implementation of Sales Tax VAT.
However, some further amendments will be required if VAT
has to be introduced
Purpose
of this backgrounder is to explain basic concepts of VAT,
discuss possible difficulties and suggest some solutions.
Principle
of VAT
1.2
VAT (Value Added Tax) has its origin in West European
Countries. Generally, any tax is related to selling price
of product. In modern production technology, raw material
passes through various stages and processes till it
reaches the ultimate stage e.g., steel ingots are made in
a steel mill. These are rolled into plates by a re-rolling
unit, while third manufacturer makes furniture from these
plates. Thus, output of the first manufacturer becomes
input for second manufacturer, who carries out further
processing and supply it to third manufacturer. This
process continues till a final product emerges. This
product then goes to distributor/wholesaler, who sells it
to retailer and then it reaches the ultimate consumer. If
a tax is based on selling price of a product, the tax
burden goes on increasing as raw material and final
product passes from one stage to other. For example, let
us assume that tax on a product is 10% of selling price.
Manufacturer ‘A’ supplies his output to ‘B’ at Rs.
100. Thus, ‘B’ gets the material at Rs. 110, inclusive
of tax @ 10%. He carries out further processing and sells
his output to ‘C’ at Rs. 150. While calculating his
cost, ‘B’ has considered his purchase cost of
materials as Rs. 110 and added Rs. 40 as his conversion
charges. While selling product to C, B will charge tax
again @ 10%. Thus C will get the item at Rs. 165 (150+10%
tax). In fact, ‘value added’ by B is only Rs. 40
(150–110), tax on which would have been only Rs. 4,
while the tax paid was Rs. 15. As stages of production
and/or sales continue, each subsequent purchaser has to
pay tax again and again on the material which has already
suffered tax. This is called cascading effect.
1.2-1
Cascading effect of taxes - A tax purely based on
selling price of a product has cascading effect, which
has the following disadvantages :
Computation
of exact tax content difficult - It becomes very
difficult to know the real tax content in the price of a
product, as a product passes through various stages and
tax is levied at each stage. This is particularly
important for granting Export incentives or for fixing
regulatory prices.
Varying
Tax Burden - Tax burden on any commodity will vary
widely depending on the number of stages through which
it passes in the chain from first producer to the
ultimate consumer.
Discourages
Ancillarisation -
Ancillarisation means getting most of the
parts/components manufactured from outside and making
final assembly. It is common for large manufacturers
(like automobile, machinery etc.) to get the parts
manufactured from outside and make final assembly in his
plant. If a component is purchased from outside, tax is
payable. However, if the same component is manufactured
inside the factory, no tax would be payable. Thus,
manufacturers are tempted to manufacture parts
themselves instead of developing ancillary units for
supply of the same. This is against the national policy,
because it discourages growth of Small Scale Industry
and increases concentration of economic power.
Increases
cost of production - If a manufacturer decides to reduce
ancillarisation, it increases cost of production and
waste of scarce national resources, as the large
manufacturer may not be in a position to fully utilise
the production capacity of the machinery.
Concessions
on basis of END use is not possible -
Same article may be used for various purposes e.g.
Copper may be used for utensils, electric cables or air
conditioners. Government would naturally like to vary
tax burden depending on use. However, this is not
possible as when Copper is cleared from factory, its
final use cannot be known.
Exports
cannot be made tax free – Though final products which
are exported, are exempt from tax, there is no mechanism
to grant rebate of tax paid at the earlier stages on the
inputs.
1.2-2
VAT in Europe - A concept of VAT was developed to
overcome these difficulties. VAT means "Value Added
Tax", which means that the tax is payable only on
value added. In above example, if ‘B’ purchases
goods from ‘A’ at Rs. 110 and sells the same to
‘C’ at Rs. 150, the value added by B is only Rs. 40
and hence under the VAT scheme, the tax would be payable
by ‘B’ only on Rs. 40. Alternatively, he will pay
tax on Rs. 150 but will get a refund or credit of tax
already paid by him on his purchase of raw materials.
The later method is usually preferred for better
control. This concept is developed particularly in West
European countries where they have a common market of
all Western Europe. Due to advantages of VAT, presently
VAT has been introduced in over 115 countries, including
countries in Africa, Asia, Europe, Middle East, South
America, North America and even China. However, USA has
not gone into VAT yet. Europe has created single market
by abolishing fiscal frontiers since 1993. Destination
principle is operating through an account based
computerised information system in Europe.
Advantages
of VAT are as follows :
n
Exports can be freed from domestic trade taxes
n
It provides an instrument of taxing consumption of goods
and services
n
Interference in market forces is minimum
n
Aids tax enforcement by providing audit trail through
different stages of production and trade. Thus, it acts
as a self-policing mechanism.
Economic
Advantages of VAT - Economists say that VAT has
following advantages : (a) Buoyant Revenue (b) Efficient
tax collection (c) Neutrality i.e. with minimum
distortion in tax structure - as there are few
variations in tax rates and exemptions from taxation are
very few (d) Reduces tax evasion - if one evades tax,
the chain is broken and VAT benefit on earlier
transaction is lost (e) Increased tax base - hence it
requires lower tax rates.
The
disadvantage is that paper work required increases
considerably and it is not as simple as a single point
sales tax.
Types
of ‘VAT’ -
Broadly, there are three types of ‘VAT’ (a) Income
Type - In this case, purchase of raw materials as well
as depreciation is allowed as deduction from sales. Tax
is calculated on the difference (b) Product Type - here
the only deduction allowed is the purchase cost of raw
materials. No deduction is allowed in respect of capital
expenditure. However, this encourages tax avoidance by
classifying capital expenditure as revenue expenditure
(c) Consumption Type - here ‘Value Added’ is
considered by deducting all purchases, raw materials and
capital items.
Consumption
type VAT is popular and it is adopted by most of the
countries for following reasons : (a) Administration
control is easy due to ‘credit method’ that can be
adopted (b) It makes no distinction between capital
intensive and labour intensive activities (c) Tax
avoidance by classifying capital goods purchases as
revenue purchases is avoided. (d) It is in harmony with
the 'destination principle' (e) It simplifies tax
administration as there is no need to distinguish
between purchase of capital goods and consumption goods.
Destination
principle - The advantage of ‘consumption type’ VAT
is that tax burden is only at the last i.e. consumption
stage. This is useful for taxation structure based on
'destination principle'. At all the earlier stages of
production, there is no tax burden in view of the credit
obtained when the inputs are used for production of
final product. Thus, it becomes easier to give
concessions to goods used by common man or goods used
for manufacture of capital goods or exported goods and
charge heavy duty on luxury goods.
Method
of implementation of VAT - There are two methods of
implementation of VAT : (a) Subtraction Method : Here,
purchases are deducted from the sales and tax is
calculated only on ‘Value Added’. (b) Tax Credit
Method : Here, the tax is levied on full sale price, but
credit is given of tax paid on purchases. Thus,
effectively, tax is levied only on ‘Value Added’.
The ‘Tax Credit Method’ is better as (a) Audit
control is much better, which helps in controlling tax
evasion. It acts as a self-policing mechanism (b)
Flexibility in applying varying tax rates to different
commodities (c) Useful in giving tax benefits on
exports. Most of the countries have adopted 'tax credit'
method for implementation of VAT.
1.2-3
Thinking in India on VAT - Govt. of India had set up
"Indirect Taxation Enquiry Committee" in 1976
under chairmanship of Shri. L.K. Jha. The Committee
strongly recommended adoption of concept of VAT in
India. However, the Committee noted that it is very
difficult to administer the VAT scheme in toto due to
following reasons :
Difficult
at retail stage - Many small dealers maintain only
primitive accounts and it will be extremely difficult
for them to keep proper and detailed accounts required
for VAT purposes. It will also be difficult to
administer the tax system at wholesale and retail stage.
Numerous
products dealt by wholesaler and retailers - Wholesalers
and retailers usually deal in numerous products and
commodities, which carry different rates. Thus, matching
of output and input taxes is difficult. Ideally, VAT
should have very few rates. This is not possible in
India due to varying and diverse fiscal and social
requirements.
Taxing
powers of Centre and State - India has a federal
structure and some taxes can be levied only by State,
while others by Centre. Thus, introduction of VAT will
be difficult unless all State Governments agree.
The
Committee therefore recommended MANVAT i.e. VAT at
manufacturing level. Govt. of India announced its
"long term fiscal policy" in December 1985 and
the policy contained the proposal to introduce Modified
Value Added Tax. It is termed as 'modified' as it is
restricted only upto manufacturing stage. Accordingly,
the MODVAT scheme was introduced w.e.f. 1-3-1986.
Initially, only selected items in 37 chapters were
covered under the scheme. Subsequently, the list of
items covered was slowly expanded and by 1994, products
in 77 Chapters out of 91 Chapters in CETA were covered
under MODVAT scheme. Textile sector was also brought
under MODVAT during 1996 and Tobacco sector was covered
in 2000. Thus, MODVAT covers almost all manufacturing
sectors except (a) matches not eligible as final product
and (b) High Speed Diesel (HSD) and motor spirit
(petrol) are not eligible as inputs.. - - MODVAT scheme
was extended to Capital goods w.e.f. 1st March, 1994.
MODVAT was re-named as Cenvat on 1-4-2000.
1.2-4Highlights
of CENVAT - Highlights of the scheme as contained in
Cenvat Credit Rules, 2002 are as follows :
Credit
of duty paid on input -
The CENVAT scheme is principally based on system of
granting credit of duty paid on inputs. Under CENVAT, a
manufacturer has to pay duty as per normal procedure on
the basis of ‘Assessable Value’ (which is mainly
based on selling price). However, he gets credit of duty
paid on inputs.
Inputs
eligible for CENVAT -
Credit will be available of duty paid on (a) raw
materials (excluding diesel and petrol) (b) material
used in relation to manufacture like consumables etc.
(c) Packaging materials (d) Paints.
Inputs
should be used in or in relation to manufacture - CENVAT
credit is available only on inputs used in or in
relation to manufacture of a final product.
Input
may be used directly or indirectly- The input may be
used directly or indirectly in or in relation to
manufacture. The input need not be present in the final
product.
No
credit on HSD and petrol - Duty paid on high speed
diesel and motor spirit (petrol) is not available as
Cenvat credit, even if these are used as raw materials.
No
credit if final product exempt from duty -
No credit is available if final product is exempt from
duty - Rule 6(1) of Cenvat Credit Rules. If a
manufacturer manufactures more than one product, it may
happen that some of the products are exempt from duty.
In such cases, duty paid on inputs used for manufacture
of exempted products cannot be used for payment of duty
on other products which are not exempt from duty.
However, if the manufacturer uses common inputs both for
exempted as well as un-exempted goods, he has to pay an
‘amount’ of 8% of price of exempted goods.
Credit
on basis of specified documents - Credit is to be
availed only on the basis of specified documents as
proof of payment of duty on inputs.
Credit
available instantly - Credit of duty on inputs can be
taken up instantly, i.e. as soon as inputs reach the
factory. In case of capital goods, 50% credit is
available in current year and balance 50% in subsequent
financial year.
No
cash Refund -
In some cases, it may happen that duty paid on inputs
may be more than duty payable on final products. In such
cases, though the CENVAT credit will be available to the
manufacturer, he cannot use the same and the same will
lapse. There is no provision for refund of the excess
CENVAT credit. However, the only exception is in case of
exports where duty paid on input material used for
exported goods is refundable.
One
to one co-relation not required - CENVAT rules do not
require input-output co-relation to be established.
CENVAT
on Capital Goods - Credit of duty paid on machinery,
plant, spare parts of machinery, tools, dies, etc., is
available. However, 50% credit is available in current
year and balance 50% in subsequent financial year.
CENVAT
available only if there is 'manufacture' - CENVAT on
inputs is available only if the process amounts to
'manufacture'. Otherwise, CENVAT is not available. [In
fact, in such cases, no duty is payable on the final
product and question of CENVAT does not arise at all].
1.2-3
Sales Tax VAT - In view of the advantages of VAT,
it is proposed to introduce VAT is sales tax also. In
the Conference of Chief Ministers of States held on
16-11-1999, it has been agreed by all States to
implement VAT in sales tax.
How
VAT system works
1.3
System of VAT works on tax credit method.
1.3-1
Illustration of tax credit system - Let us assume
that tax on a product is 10% of selling price. Under
usual system of taxation, Manufacturer ‘A’ supplies
his output to ‘B’ at Rs. 100. Thus, ‘B’ gets the
material at Rs. 110, inclusive of tax @ 10%. He carries
out further processing and sells his output to ‘C’
at Rs. 150. While calculating his cost, ‘B’ has
considered his purchase cost of materials as Rs. 110 and
added Rs. 40 as his conversion charges. While selling
product to C, B will charge tax again @ 10%. Thus C will
get the item at Rs. 165 (150+10% tax).
Under
VAT system, ‘B’ will purchase goods from ‘A’ @
Rs. 110, which is inclusive of duty of Rs. 10. Since
‘B’ is going to get credit of duty of Rs. 10, he
will not consider this amount for his costing. He will
charge conversion charges of Rs. 40.00 and sell his
goods at Rs. 140. He will charge 10% tax and raise
invoice of Rs. 154.00 to ‘C’. (140 plus tax @ 10%).
In the Invoice prepared by ‘B’, the duty shown will
be Rs. 14. However, ‘B’ will get credit of Rs. 10
paid on the raw material purchased by him from ‘A’.
Thus, effective duty paid by ‘B’ will be only Rs. 4.
‘C’ will get the goods at Rs. 154 and not at Rs. 165
which he would have got in absence of VAT. Thus, in
effect, ‘B’ has to pay duty only on value added by
him.
Following
example will illustrate the tax credit method of VAT
Transaction
without VAT Transaction with VAT
Details
|
|
A |
|
B |
|
A |
B |
Purchases |
|
- |
110 |
- |
|
100 |
|
Value
Added |
|
100 |
40 |
100 |
|
40 |
|
Sub-Total |
|
100 |
150 |
100 |
|
140 |
|
Add
- Tax 10% |
|
|
10 |
15 |
10 |
|
14 |
Total |
110 |
165 |
110 |
|
154 |
|
|
Note
- 'B' is purchasing goods from 'A'. In second case, his
purchase price is Rs 100/- as he is entitled to VAT
credit of Rs 10/- i.e. tax paid on purchases. His
invoice shows tax paid as Rs 14. However, since he has
got credit of Rs 10/-, effectively is paying only Rs 4/-
as tax, which is 10% of Rs 40/-, i.e. 10% of 'value
added' by him.
1.3-2
Meaning of Value added - In the above
illustration, the ‘value’ of inputs is Rs 110, while
‘value’ of output is Rs 150. Thus, the manufacturer
has made ‘value addition’ of Rs 40 to the product.
Simply put, ‘value added’ is the difference between
selling price and the purchase price.
1.3-3
Increase in tax rate to avoid reduction in revenue - In
the above illustration, it is obvious that tax revenue
will go down in VAT system, if same rate of tax is
maintained. Hence, VAT rate will have to be suitably
increased to ensure that tax revenue does not reduce.
This rate is termed as ‘Revenue Neutral rate’ (RNR).
It is the VAT rate at which tax revenue remains same
despite giving credit of duty paid on inputs.
1.3-4
States already have system of set off - Most of State
governments already have s system of granting set off of
sales tax paid on inputs. Vat is in effect an extension
of the set off method to cover sales tax paid on capital
goods and inputs.
Defects
in present sales tax system in India
1.4
Since intra-state sales tax is
a State subject, the provisions of local sales tax are
implemented by States. Even in respect of Central Sales
Tax, the CST Act is implemented by respective State
Governments and revenue of CST goes to State from which
movement of goods commenced. CST Act authorizes State
government to grant exemption from central Sales Tax by
issuing a notification in official gazette.
Over
the years, many defects entered into structure of sales
tax, due to aforesaid peculiarities.
Unhealthy
Competition among States -
There was competition among States to increase the sales
tax revenue. Business tended to be diverted where sales
tax rates were low. Some States reduced rates of Central
Sales Tax and even waived the condition of submission of C
form. Thus, buyers found it economical to purchase goods
from neighboring State. Often, goods from the State were
sent to another State on stock transfer basis and brought
back in the Same State as Inter-State Sale. [In many
cases, it is said that only papers were going, goods were
not going].
For
example, it was economical to send car/truck manufactured
in Maharashtra to neighboring State on stock transfer
basis and then sale it from depot in other State to a
buyer in Maharashtra, as sales tax rate was very high in
Maharashtra and much lower in neighboring State. (Maharahstra
government introduced Entry Tax to avoid this practice) -
- Rajasthan Government reduced Central Sales Tax rate on
cement and waived the requirement of submission of C form.
Thus, builders from Gujarat (who were unregistered) found
it much economical to purchase cement from Rajasthan.
Sales
tax incentives -
Sales tax Incentives distorted the tax structure. When one
State started giving sales tax incentives, other States
had no option but to grant similar incentives. When all
States grant more or less same incentives, it no more
remains an ‘incentive’. Such ‘incentives’ totally
ruined State finances. Many malpractices started. Often
unit was started merely for purpose of obtaining sales tax
incentives. It was closed as soon as incentive period was
over. Bogus invoices were prepared to show sales from
developing area, while actual manufacture and dispatch was
from developed area. This defeated the basic purpose of
granting incentives.
1.4-1
Steps taken to stop the menace -
Luckily, the problems were realized and all States
agreed to take necessary steps. In the Conference of
Chief Ministers of States held on 16-11-1999, it was
decided to implement uniform floor rates of sales-tax
for the entire country. States could charge sales tax
rates higher than the floor rate but not lower. It was
also decided to phase out sales-tax based incentive
scheme for industries, reform the Central Sales Tax
system and implement VAT. Most of the States have taken
steps to implement these decisions. Some States were
reluctant to comply. It appears that Mr. Yashwant Sinha,
Finance Minister, Government of India, had to take
various measures to ensure that all States fall in line.
It
is expected that with the introduction of VAT regime by
States and Union Territories, a uniform common market
will develop in the country.
Steps
taken by States to introduce VAT -
Discussion papers on VAT has been issued by many States.
Some State governments have even published draft VAT
Act. however, the draft Acts published merely make
provisions regarding definition of dealer / business /
sale, charging section, provisions of assessment,
penalty, appeal etc. It is not clear how Sales Tax VAT
is going to be implemented as provisions of tax credit
will be only in Rules. Similarly, none of the Acts
indicate the sales tax rates that are likely to be
charged. Hence, none of the draft Acts give any clue how
the States propose to implement VAT.
Amendments
to CST - Some amendments have been made in Central Sales
Tax Act w.e.f. 11th May 2002 vide Finance Act, 2002 to
facilitate implementation of VAT. Restriction on
‘declared goods’ have been removed. It is also
provided that concessional rate of sales tax will apply
only in respect of sale to registered
dealers/Government. Concessional rate of sales tax will
not apply for sale to unregistered dealer. This
amendment was necessary to ensure that VAT chain is not
broken.
However,
the amendments are incomplete and not sufficient to
implement VAT. following amendments are still required.
If
Central Sales Tax is to be retained, provision will have
to be made about financial loss suffered by States if
they have to give tax credit of CST paid. This is
because, in case of CST, the tax is collected by one
State (the State from which goods move), while tax
credit will have to be given by another State where the
goods are received and then used in manufacture or are
re-sold. Alternatively, CST will have to be abolished,
for which States may not agree.
As
per section 6(2), in case of sale by transfer of
documents, all subsequent sales are exempt from sales
tax, if required forms E-I/E-II are submitted. This
provision is against principles of VAT and will have to
be suitably amended.
Penultimate
sale for export is exempt u/s 5(3). This provision is
also against principles of VAT and will have to be
amended if VAT is to be introduced.
Difficulties
in introducing Sales Tax VAT
1.5
Some problems in introducing sales tax VAT are discussed
here.
1.5-1
Credit of CST - One problem in introducing VAT is
regarding tax credit of Central Sales Tax. The reason is
that CST is paid in one State while tax credit will have
to be given by another State where the goods are sent
for re-sale/manufacture/processing. For example, if
goods are sent from Maharashtra to Karnataka, the
revenue of CST is collected by Maharashtra Government
while tax credit will have to be given by Karnataka
Government if the goods are used in
manufacture/processing/re-sold in Karnataka. This will
obviously cause loss of revenue.
The
problem will be acute in case of BIMARU States. [Bihar,
MP, Rajasthan and UP]. These are predominantly
‘Consuming States’ i.e. ‘Importing States’ .
They will have to give very high amount of credit of CST
as a percentage of their total tax revenue.
All
States would like Central government to compensate for
this loss of revenue.
Initially,
the idea was to reduce CST rate to 1%. [Even then, there
would be loss to State Government Revenue]. However, the
present thinking seems to be to retain CST rate at
present level. State governments may be compensated by
giving them powers to levy Service Tax so that the loss
of revenue is recovered. It appears that some 51
services have been identified and States may be
empowered to recover service tax on these services. As
per the reports, these services cover legal, medical and
educational services.
In
any case, this problem will have to be resolved before
introducing Sales Tax VAT.
1.5-2
Invoice based credit - Tax credit will have to be
given on basis of document, which will be usually a
‘Vatable Invoice’. Such invoice can be issued only
by a registered dealer, who is liable to pay sales tax.
Since goods will be moving all over India, a system of
audit checks will have to be established to keep check
on bogus invoices. One essential requirement is to give
TIN (Tax Identification Number) to all registered
dealers, so that a check is maintained that (a) The tax
as shown in the invoice has indeed been paid albeit in
other State (b) There is no double credit on basis of
same invoice. - - Thus, national computer network with
check based on TIN will have to be established.
Otherwise, misuse will be rampant.
1.5-3
TIN – Tax Identification Number for
all dealers will have to be given. It is suggested that
TIN should be a 10 digit code consisting of 2 digits for
State, 3 digits for circle, 4 digits for individual
dealer and 1 digit for checking purposes. In the opinion
of author, it should be a 12 digit code. First 10 digits
will be PAN of Income Tax and next two digits will be
serial number of the dealer, as a person with same PAN
number is likely have more than one places of business,
which may be spread all over India. Reason for this
suggestion is that customs and central excise
authorities are already using PAN based registration
number for control purposes.
1.5-4
Rates of VAT - Ideally, VAT should have only one
rate. Though this is not possible, it is certain that
there should be minimum varieties of rates. Present
thinking seems to be to have following VAT rates.
*
0% on un-processed agricultural goods in unorganised
sector and goods of special importance
*
1% floor rate for gold, silver, precious and
semi-precious stones
*
4% for goods of basic necessities, industrial and
agricultural inputs, declared goods, AED items and
capital goods
*
RNR (Revenue Neutral rate) on other goods
*
Aviation turbine fuel (ATF) and petroleum products will
be out of VAT regime.
Revenue
Neutral rate- As explained in earlier para, RNR (Revenue
Neutral Rate) will have to be decided so that revenue of
State government does not diminish despite granting VAT
credit of tax paid on inputs and capital goods. Such
rate cannot be abnormally high. Otherwise, tax evasion
will be heavy. Present thinking seems to be that such
RNR should be around 10% to 12.5%.
1.5-5
One to one correlation should not be insisted upon
- Each dealer deals in variety of products on which VAT
rate may be varying. A manufacturer may manufacture
different final products from same inputs. It will be
practically impossible for a dealer to establish one to
one correlation between credit of inputs availed and
utilized for each type of output. Even if goods
purchased are re-sold, maintaining one to one
corelationship, will be extremely difficult, if not
impossible. Hence, there has to be a common pool of
credit which can be used for any final product
manufactured/ any product re-sold. - - It may be noted
that under Cenvat, one to one corelationship is not
required, and credit of duty paid on any input can be
utilized for payment of duty on any final product. - -
This seems to be the only practical way of implementing
VAT on sales tax.
1.5-5
Tax credit when final product is exempt from tax
- As a basic principle of VAT, credit of tax paid on
inputs/capital goods is available only to be utilized
while paying duty on final product soled. As a natural
corollary, VAT credit cannot be made available if no tax
is payable on final product. In following cases, such
situations will arise - (a) Common inputs are used to
manufacture various final products, some of which are
exempt from tax (b) Some of the final products are
exported or supplied to SEZ unit on which no tax is
required to be paid. (c) Part of production is sent on
stock transfer basis, without payment of VAT tax.
Under
Cenvat, this problem is solved as follows - (a) If the
final product is exported / supplied to unit in SEZ, the
credit availed on inputs can be utilized for payment of
duty on any other product, which is sold in India. (b)
In other case, an ‘amount’ equal to 50% of normal
duty is required to be paid. Presently, excise duty is
16% and if final product is cleared without payment of
duty, an ‘amount’ of 8% becomes payable. This is
probably on the assumption that generally, VAT credit is
50% of tax paid on final product.
The
solution found for Cenvat seems to be a practical
solution and same may be adopted in case of stock
transfers / sale of exempted products within India.
1.5-6
Units working under exemption/ deferral scheme -
Under Sales Tax Incentive Schemes of State Governments,
many dealers have opted for exemption scheme. They are
not required to pay any sales tax. Since the invoice
prepared by them will not indicate any tax paid, the
buyer of goods will not get any VAT credit. This may
discourage the buyers to purchase goods from such
exempted units. Such exempted units may have to be given
one time option to convert into ‘deferral scheme’ so
that they can pay VAT tax. The buyer can avail credit of
tax paid by them.
Units
working under deferral scheme have to pay tax after many
years. However, the buyer should be entitled to avail
VAT credit immediately on purchase of goods.
1.5-7
Credit of SAD on imported goods - Importers have
to pay Special Additional Duty (SAD) @ 4%. This SAD is
considered as in lieu of sales tax, though provisions of
Customs Act do not specifically state so. Policy will
have to be decided whether credit of SAD paid on
imported products can be given. If given it will be a
straight revenue loss to State Government, which will
have to be suitably compensated.
1.5-8
Floor rate of exemption – VAT tax should be
payable only after some minimum turnover is achieved.
Present thinking seems to be that floor rate of
exemption should be about Rs 3 lakhs.
1.5-9
Your views please - These are some of the issues
under discussions in respect of implementation of sales
tax VAT. There could be many other issues connected with
VAT. If you want to share your views, please communicate
them to me at dateyvs@yahoo.com or query@dateyvs.com.
Your views / comments / suggestions are welcome. I must
make it clear that I have no ‘inside’ information on
any of the matters discussed above. The information
given / views expressed are purely on the basis of
articles written / published by various authors and
newspaper reports.
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