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Disallowance of Input Tax Credit with reference to Stock Transfer

AP manufacturers suffer ’s

 

By

S.Sridharan, VAT Consultant

Sridharan reasons that like Tamil Nadu, Kerala, Karnataka and Maharashtra, Andhra Pradesh should reduce the disallowance of Input Tax Credit with reference to Stock Transfer to 3% to help industries in AP remain competitive.

 

He suggests that instead of amending the VAT Act as and when the CST Rate of tax is reduced, the relevant section should be amended linking the disallowance of Input Tax Credit with reference to Stock Transfer to the rate of tax specified in Section 8(1) of the CST Act.

 

 

 










 

 

While implementing VAT, all States had provided for disallowance of Input Tax Credit of 4% with reference to goods (either traded or manufactured) stock transferred to other States. The rationale was that had the goods been dispatched by way of inter State sale to dealers, the Government would have realised CST at 4%.

With the reduction of CST rate of tax to 3% with effect from 01/04/2007, it was expected that all States would reduce the disallowance of Input Tax Credit with reference to Stock transfer to 3%.

Southern States neighboring Andhra Pradesh, viz Tamil Nadu, Karnataka, Kerala and Pondicherry have amended/provided in the respective VAT Acts that Input Tax Credit in excess of 3% would be eligible on Stock Transfer, with effect from 01/04/2007.

Recently by Notification No.VAT-1507/C.R.17/Taxation-1 dated 31/10/2007, Maharashtra has also reduced the disallowance to 3% retrospectively with effect from 01/04/2007.

Section 13(6) of the Andhra Pradesh provides that a dealer is eligible for input tax credit in excess of 4% when any goods on which Input Tax Credit has been availed is dispatched by way of stock transfer outside of Andhra Pradesh.

To achieve economies of scale most manufacturers have set up factories in Andhra Pradesh to cater to the national market. The entire goods manufactured cannot be sold in Andhra Pradesh and is required to be stock transferred to branches in other States.

To help the industries in Andhra Pradesh remain competitive, it is imperative that Section 11(6) of the Andhra Pradesh VAT Act, 2005 is amended retrospectively with effect from 01/04/2007 allowing input tax credit in excess of 3% on Stock Transfer.

Since the CST rate of tax on sale to registered dealers is proposed to be phased out gradually, it is ideal that Section 11(6) of the Andhra Pradesh VAT Act, 2005 is amended permitting input tax credit with reference to stock transfer in excess of the rate specified in Section 8(1) of the CST Act, 1956.

16/11/2007

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