Showing posts with label FAQs. Show all posts
Showing posts with label FAQs. Show all posts

January 26, 2012

DVAT- FAQs- History (www.dvat.gov.in)

Value Added Tax was first introduced in France in 1954. France became the first European country to implement VAT. Initially it was not a complete system of VAT, since it applied only to transactions entered into by manufacturers and wholesalers. After that, it was supplemented by a separate tax on services. In addition, there were special excises which were levied on services and distribution in lieu of the tax surplus prostrations services. The retailers and agriculturists were not included in the coverage of VAT.

VAT was extended to other activities such as energy and construction during 1954 to 1963. However, the reforms initiated in January 1968, were essentially for generalizing VAT to all industrial, agricultural and commercial activities. It was extended to all transactions formerly subject to the local tax and to the tax on services, which were then abolished. In addition, VAT was imposed on goods transport and other transactions formerly subject to a tax unique.

In 1971, the then prevailing buffer rule was discontinued. Accordingly, the enterprises could benefit from the refund of their tax credit. However, there was a ceiling on tax credit that disappeared in July 1978.

Development of VAT in other countries has been gradual. Most of the countries were not adopted VAT till sixties. The VAT has come to occupy an important place in the fiscal storage over the years nearly all industrialized countries. and large number of Latin American, Asian. This has brought many number of countries to adopt VAT as their major form of consumption tax. Thus, the augmentation of interest in VAT has been the most remarkable event in the evolution of commodity taxes in the present century. Over 120 countries worldwide have introduced VAT over the past three decades and India is amongst the last few to introduce it.

And, as of today VAT is fairly evenly distributed throughout the world.

What is VAT

VAT is a multi-point sales tax unlike present Sales Tax , no concept of taxation at FIRST / LAST POINT. Tax charged at every step of the chain at each transaction in the production distribution system. It Provides mechanism for setoff for Tax paid on purchases. It does not have cascading effect due to the system of deduction or credit mechanism.

Introduction of VAT

It is a tax on consumption. The final and total burden of the tax is fully and exclusively borne by the domestic consumer of goods and services. It being a tax on domestic consumption, no VAT is charged on goods exported. It is an alternative mechanism of collection of Tax. In many respects it is equivalent to a last point retail sales tax. Value added tax is, therefore, a muti-stage sales tax levied as a proportion of value added (i.e. sales minus purchaes, which is equivalent to wages plus profits). To illustrate,

Example 1
  1. Lets say your TAX PERIOD is 3 MONTHS
  2. Assume TAX RATE @ 10%
  3. In these three months

You purchase goods of a value = Rs 1,00,000

Your INPUT TAX CREDIT = Rs 1,00,000 X 10 / 100= Rs 10,000

You make sales worth Rs 3,00,000

OUTPUT TAX on sales = Rs 3,00,000 X 10/100 = Rs 30,000

NET TAX = Rs (30,000 10,000) = Rs 20,000

You need to deposit Rs 20,000 in this TAX PERIOD

Example 2


Example 3


This indicates that VAT is collected at each stage of production and distribution process and in principle, its burden falls on final consumers only. Thus, it is a broad-based tax covering the value added of each commodity by a firm during all stages of production and distribution.
Variants of VAT

VAT could be levied with three specific variants, viz., (a) Gross Product Variant, (b) Income Type Variant, and (c) Consumption Type Variant. These variants, as shown in Exhibit 1.2, could be further distinguished through their methods of calculation, viz., addition method and subtraction method. The subtraction method could be further analysed into (a) direct, (b) intermediate, and (c) indirect subtraction method.

Gross product Variant:

This variant allows deductions for all purchases of raw materials and components but no deduction is allowed for business inputs. That is, capital goods such as plant and machinery are not deductible from the tax base in the year of purchase and depreciation on the plant and machinery is not deductible in the subsequent years. Thus, the economic base of gross product variant is equivalent to Gross National Product. In this variant of VAT, capital goods carry a heavier tax burden as they are taxed twice. Modernisation and upgrading of plant and machinery is delayed due to this dual tax treatment.

Income Variant:

Unlike the gross product variant, in this variant of VAT, deductions are allowed for purchases of raw materials and components as well as depreciation on capital goods. It provides incentive to classify purchases as current expenditures to claim set-off. Net investment (i.e. gross investment minus depreciation) is taxed and, therefore, the economic base of the income variant is equivalent to net national product. In practice, however, there are many difficulties connected with specification of any method of measuring depreciation, which basically depend on the life of an asset as well as on the rate of inflation.

Consumption Variant:

This variant allows deduction for all business purchases including capital assets. That is, gross investment is deducted in calculation of value added. The economic base of the tax, therefore, is equivalent to total private consumption. It neither distinguishes between capital and current expenditures nor specifies the life of asset or depreciation allowance for different assets. This form is neutral between different methods of production; there would be not effect on tax liability due to the method of production. The tax is also neutral between the decision to save or consume.

Amount the three variants of VAT mentioned above, the consumption variant is widely used. Most countries of Europe and other continents have adopted this variant. The reason for preference of this variant is that it does not affect decision regarding investment because the tax on capital goods is also set-off against VAT liability. The tax is neutral in respect of techniques of production. The consumption variant is more in harmony with the destination principle. In the foreign-trade sector, this variant relieves all exports form taxation while imports are taxed. Finally, this variant is convenient from the point of administrative expediency as it simplifies tax administration by obviating the need to distinguish between purchases of intermediate and capital goods on the one hand and consumption goods on the other.

Methods of computation of VAT

VAT can be computed by adopting three different methods. These are (i) Addition method, (ii) Subtraction method, and (iii) Tax-credit method. These methods can be used to arrive at the VAT liability.

Addition method:

This method is based on the identification of value-added which can be estimated by summation of all the elements of value-added (i.e. wages, profits, rent and interest). This method is known as addition method or income approach. This is in line with the income method of calculating national income.

Subtraction method:

The subtraction method estimates value-added by means of difference between outputs and inputs [(i.e. T = t (output-input)]. This is also known as product approach and has further variants in the way subtraction is attempted from among (a) direct subtraction method, (b) intermediate subtraction method and (c) indirect subtraction method. Direct subtraction method is equivalent to a business transfer tax whereby tax is levied on the difference between the aggregate tax-exclusive value of sales and aggregate tax-exclusive value of purchases. Intermediate subtraction method is based on deduction of the aggregate tax-inclusive value of purchases from the aggregate tax-inclusive value of sales and taxing the difference between them.

Tax-credit method:

The indirect subtraction method entails deduction of tax on inputs from tax on sales for each tax period, [i.e., t (output) t (input)]. This method is also known as tax credit method or invoice method. In practice, most countries use this method and employ net-consumption VAT. A comparative picture of the three methods of calculating VAT is presented in Table 2.

Sl. No. Methods Manufacturer Wholesaler Retailer Total Economy
1
2
3
4
1
Addition method
  1. Wages
  2. Rent
  3. Interest
  4. Profit
  5. Value Added (a+b+c+d)
  6. VAT
150
50
25
25
250
25
300
100
75
25
500
50
200
20
20
10
250
25
650
170
120
60
1000
100
2.
Substraction method
  1. Sales
  2. Purchases
  3. Value added (a-b)
  4. Vat
350
100
250
25
850
350
500
50
1100
850
250
25
2300
1300
1000
100
3.
Invoice method
  1. Sales
  2. Tax on Sales
  3. Purchases
  4. Tax on purchases
  5. VAT (b-d)
350
35
100
10
25
850
85
350
35
50
1100
110
850
85
25
2300
230
1300
130
100

Table 2

Although all the methods are identical, these are not likely to yield the same revenue when tax rates vary according to commodities. That is, the rates are different for inputs and that for outputs. As shown in Table 3, the yield would be Rs.30 under the subtraction method while it is Rs.25 only under the invoice method when the tax rate is 15 percent at wholesale stage, keeping 10 percent at all other stages.

The invoice method is widely used in most VAT countries because of its inherent advantages in calculating tax liability. First, it makes crosschecking of tax paid at earlier stages more amenable, as dealers are required to mention the amount of tax on invoices. Second, tax burden being dependent upon the tax rate at the final stage, dealers at intermediate stages do not have any incentive to seek special treatment in tax rate. And finally, it facilitates border tax adjustments. If exports are zero-rated, it is very easily done with this methods.

Calculation of VAT Manufacturer Wholesaler Retailer Total Economy
  1. a. Sales
  2. b. Purchases
  3. c. Value added (a-b)
Rate of VAT is 10% on all stages
VAT under Subtraction method
Invoice method
Rate of Vat is 15% at wholesaling level and 10% at all other stages
Subtraction method
Invoice method
100
100
10
10-0=10
10
10-0=10
200
100
100
10
20-10=10
15
30-10=20
250
200
50
5
25-20=5
5
25-30=5
550
300
250
25
55-30=25
30
65-40=25

Table 3

This method has been employed in Delhi VAT also.

Reasons for Growing Popularity of VAT

In addition to superiority of VAT in terms of allocative efficiency, neutrality and other economic effects that would be analysed in the following chapter, there are several arguments that are put forth for the adoption of VAT by a large number of countries and its consequent growing popularity.

First, VAT helps simplifying the indirect tax system. In most countries, the pre-VAT commodity tax systems are found to be very complicated. For example, in Korea, there were 11 different kinds of indirect taxes before the adoption of VAT. Eight indirect taxes that were replaced by VAT had, among the, 53 different rate brackets.

The gross business receipts tax in the Republic of China (ROC) called Taiwan was a multistage turnover tax.2 VAT replaced it. However, VAT also replaced the stamp tax and the commodity taxes on some products such as paper, plastic, leather and steel bars. In fact, all the countries that have gone in for VAT had a genuine need for simplifying their tax systems.

Seconds, the adoption of VAT helps in reducing evasion of tax. The existing systems of single-point or cascade type sales tax had considerable amount of evasion. Studies related to evasion of sales tax in India, for example, indicate that evasion ranges between 5 and 85 percent of the tax base depending upon the type commodity.3 As against the system of administration of sales tax, VAT requires that tax invoices must be issued by all the dealers. The subsequent dealer would maintain these invoices in order to benefit from tax deduction. This would enable the tax authority to cross check the declared transactions between taxpayers, consequently reducing the propensity to evade tax. In fact, the requirement of maintaining the vouchers (invoices) works as self-policing the evasion of tax.

Finally, VAT has a novel feature of tax transparency. That is, the total burden of tax on a particular commodity is clearly seen from the transactions. Hence, the economic analysis of the tax structure is convenient. Also, in international trade, this enhances tax neutrality. Under the sales tax system it is difficult to estimate the exact amount of refund for export. In most cases, the statistical evidence suggests that the tax on inputs and raw materials or on capital goods is under-compensated.

VAT in Comparison to Retail Sales Tax and Business Turnover Tax

The growing popularity of VAT could be further analysed by comparing the characteristics of VAT with those of retail sales tax (RST) and business turnover tax (BTT).

VAT being a multi-stage levy, it is collected on sales at all stages of production and distribution process. It fulfills the criterion of neutrality because it is levied only on value-added, i.e. on the difference between sales and purchases at each stage. It allows registered firms to take credit for the tax paid on purchases from registered suppliers against the tax payable on sales. Thus, the cascading phenomenon does not take place and the same value is never taxed twice. The method of giving credit is usually employed through invoices issued by the dealers. As each seller issues as a documentary proof for the credit claimed by registered buyers.

In contrast to VAT, RST levied by the state governments in the United States of America and Canada is a single-stage tax levied at the time of last-sale by retailer to consumer. That is, the tax is levied when the commodity passes into the hands of final user or consumer. This tax achieves neutrality through the suspension rule, which permits tax-free purchases by registered dealers from other dealers for resale. The suspension rule permits the seller to sell goods without charging any tax. In turn, the buyer gives a certificate giving his registration number and stating that he would pay the tax. Thus, the liability to collect tax is suspended from the first to the second and to the later dealer until the goods are sold to the consumer. Under RST the exemption certificate of the next dealer performs the role that is accomplished by the invoice under VAT. However, the system of administration of VAT does provide some self-policing mechanism, which is crucial to smooth tax management, especially in developing countries. This has given a clear administrative advantage to VAT over RST.

Unlike RST and similar to VAT, business turnover tax (BTT) is a multistage tax levied on the value added a t each stage in the production distribution process. Under BTT, instead of ascertaining net VAT by first taxing sales ( to obtain Gross VAT) and then subtracting tax on purchases from the gross VAT ( to obtain net VAT through allowing tax credit on purchases), the system of ascertaining value added is direct. That is, we deduct purchase value from sales value and the tax rate is applied to the value added portion of the transactions. The tax amount under BTT would however be equal to the tax under VAT. Notwithstanding the similarity in the VAT and the BTT, the difference in tax liability would arise between these two taxes if the tax rates were different at the manufacturing and the other stages. As shown in Table 1.3, the variation would be similar under the two taxes, as under the subtraction and the invoice method. Thus, the VAT has earned the distinction of being the forerunner among all the commodity taxes and has spread throughout the world.

DVAT- FAQs- Acts and Questions on VAT

Q. What is Value Added Tax (VAT)?
A. VAT is a multi-point tax on value addition which is collected at different stages of sale with a provision for set-off for tax paid at the previous stage/tax paid on inputs.
Q. What is meant by 'Sale' under Delhi VAT Law?
A. Sale includes:-

1. The conventional sale i.e. Transfer of property in goods;
2. Supply of goods by a society, club, firm, and company to its members;
3. Transfer of property in goods involved in execution of works contract;
4. Delivery of any goods on hire purchase or any other system of payment by instalments;
5. Transfer of right to use any goods, whether or not for a specified period; and
6. Supply of good or other articles by the restaurants, hotels etc., by way of or as a part of service.
Q. Who is a dealer?
A. 'Dealer' means any person who carries on business in Delhi and includes-

1. any person who, for the purposes of or in connection with or incidental to or in the course of his business buys, sells, goods directly or otherwise, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration;

2. any department of the Central Government or a State Government, a local authority, Panchayat, Municipality, Development Authority, Cantonment Board and each autonomous or statutory body or an industrial, commercial, banking, insurance or trading undertaking whether or not of the Central Government or any of the State Governments or of a local authority, if it buys, sells, supplies or distributes goods, in the course of specified activities which may be prescribed from time to time;

3. a factor, commission agent, broker, del credere agent, or any other mercantile agent by whatever name called, who carries on the business of buying, selling , supplying or distributing goods on behalf of any principal, whether disclosed or not;

4. an agent of a non-resident (where such non-resident is a dealer under any other sub-clause of this definition);

5. a local branch of a firm or company or association of persons, outside Delhi where such firm, company, association of persons is a dealer under any other sub-clause of this definition;

6. a club, association, society, trust, or cooperative society, whether incorporated or unincorporated, which buys goods from or sells goods to its members for price, fee or subscription, whether or not in the course of business;

7. an auctioneer, who sells or auctions goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal;

8. a casual trader; or

9. any person who, for the purposes of or in connection with or incidental to or in the course of his business disposes of any goods as unclaimed or confiscated, or unserviceable or scrap, surplus, old, obsolete or as discarded material or waste products by way of sale;
Q. Will multi point tax lead to cascading?
A. VAT eliminates cascading by providing for set off for taxes paid on inputs and only taxing value addition, tax on sales would be shown separately while issuing tax invoice or calculating tax liability.
Q. What will happen to the Central Sales Tax Act?
A. CST Act would remain as it is. No VAT on inter-State Sales, shall be levied and the Central Statutory Forms, i.e, Form C,D,F, H etc., shall also continue. However, in future, it is proposed that the tax rate for sale against C form shall be gradually reduced from present 4% to 0%.
Q. Are there any Statutory Forms under the VAT?
A. There are no statutory forms in VAT, it is an invoice based system wherein input credit is allowed at the strength of tax invoice.
Q. VAT would increase the cost of compliance.
A. Cost of compliance would come down due to self-assessment, dealers would not have to approach the Department for statutory forms or for assessment.
Q. VAT requires extensive computerization, which traders cannot afford.
A. The document and papers that the dealers are maintaining under the present regime would suffice, in fact documentation needs should decrease due to self assessment and elimination of forms.
Q.
VAT would spoil the distributive character of Delhi.
A. Lowering CST rate, input credit and credit for capital goods would reduce the cost of business and improve the margin of traders. Since Exports and Imports under VAT is zero-rated, VAT should give impetus to the distributive character.
Q. Cost of doing business would go up as dealers will have to pay tax on their purchases.
A. If we assume that the average length of time required for settling of amounts receivable and payable is the same as the length of time for remitting tax and processing any refund, no additional cost is imposed on trade or industry.
Q. Prices would go up due to VAT and consumer would suffer.
A. As against three slabs of 4, 8 & 12% in the present regime VAT would have only 2 major slabs of 4 & 12.5%; some commodities falling under 8% slab would come down to 4% slab thereby causing a downward pressure on prices. Further, input credit and credit allowed for purchase of capital goods should reduce the effective selling price.
Q. VAT is anti poor.
A. Items that are consumed by the poor are exempt. Besides the scheme of higher threshold and compounding for dealers having turnover upto Rs. 25 lakhs after paying notion tax of 1% on the turnover would take care of all such dealers from whom poor source their requirement.
Q. Will input tax credit be available on capital goods used in the execution of works contract?
A. Yes input tax credit will be available on capital goods purchased after 1.4.2005 for execution of works contract in NCT of Delhi subject to conditions. However, in case a dealer, after availing tax credit, transfers the assets/Capital goods, on which he had availed tax credit, out of NCT of Delhi for executing other works not liable to be taxed in Delhi, the credits so allowed shall be reversed, tax shall have to be paid on such transfer of capital goods/assets. The tax so payable shall be equivalent to unutilized portion of tax credit allowed by the Department less tax payable at usual rates on such transfer or sale.
Q. Is there any restriction on leasing out machines purchased for own use? If no, what will be it's tax implications under VAT?
A. There is no restriction on leasing out machines bought for own use.
2. Imposition of Tax
Q. How do I calculate my tax liability?
A. Calculating tax liability under VAT is very simple. If a dealer is selling any item of 4% tax and he sells goods worth Rs. 1,000/-. Amount of tax payable will be Rs. 40/- But same goods he had purchased for Rs. 900/- and at that time he had already paid Rs. 36/- so the net tax payable by him will be 40-36= 4 and he will pay to the Government only Rs. 4 on the sale of Rs. 1000/- (@ 4% tax rate). The tax payable by him is tax rate multiplied by value addition, in the instant case (1000-900) X 0.04.
Q. Whether it is possible to avail credit for taxes paid on input if goods are sold interstate or are exported?
A. Purchases intended for inter-State Sale as well as exports are eligible for tax credit.
Q. If the input is used partly for making taxable goods and partly for exempted goods, whether input tax credit will be available?
A. Where goods have been partly used for making the taxable sales (or inter-State sales) and partly for making exempt goods, the amount of the tax credit shall be reduced proportionately. To illustrate, X purchased machinery for Rs. 1,00,000/- plus tax of Rs. 12,500/- for manufacture of taxable as well as exempted goods. At that time, he estimated that the machinery would produce 80% taxable goods. In such case, his input tax credit will be restricted only to 80% of Rs. 12,500/- i.e., Rs. 10,000/-.*******
Q. What is input Tax?
A. Input tax means tax on goods purchased by a dealer in the course of his business. The eligible purchases would include any goods purchased by a dealer for re-sale or for use in the manufacture or processing or packing or storing of other goods or any other use in business including capital goods excluding exceptions prescribed in seventh schedule of the Act.
Q. When can one claim input Tax Credit?
A. Input tax credit is the credit for tax paid on inputs. Dealer has to pay tax after deducting Input tax which he had paid from total tax collected by him.
Q. What proof is required to claim input tax credit?
A. Input tax credit can be claimed only on purchases from VAT Registered Dealers. The original "Tax Invoice" is the proof required to claim input tax credit
Q. How is input tax credit to be claimed? Is there any requirement of a "one to one" correlation between input tax and output tax?
A. There is no need for a "one to one" correlation between input tax credit and output tax. Quite a large number of small businesses are under the misconception that input tax has to be adjusted against output tax on a bill to bill basis. The operation of the input tax mechanism is very simple. The dealer will be eligible to take credit of eligible input tax in a tax period as specified on the entire purchases. The dealer would charge VAT at the prescribed rate of tax as is being done in the present system of levy of sales tax. The VAT or Output Tax payable is compiled on a monthly basis as is done now. The dealer can adjust the input tax eligible on the entire purchase in the tax period against the output tax payable irrespective whether the entire goods purchased is sold or not. For example, if the input tax credit in a particular month is Rs. 1,000/-, the output tax payable is Rs. 500/-, the excess input tax of Rs. 500/- can be carried forward to the next tax period. Assuming no further input tax credit in the following month and that the output tax payable is Rs. 700/- the dealer will pay Rs. 200/- alongwith the monthly return.
Q. Will input tax credit be available on all purchases for the business?
A. Generally, input tax credit will be eligible on all goods purchased for resale, raw material and packing materials for use in the manufacture of goods and even capital goods.

Only goods purchased from VAT registered dealers in the State will be eligible for input tax credit. Input tax credit will not be available on Inter State purchases.

The purchases on which you cannot claim a credit for your input tax are:

1. Autombiles, including commercial vehicle, unless you are in the business of dealing in such automobiles.
2. Spare parts for repair and maintenance of automobiles unless your business is dealing in such automobiles;
3. Petroleum products unless one is dealing in petroleum
4. Goods used for personal consumption or gifts;
5. Air-conditioning units unless you are in the business of dealing in such units".
Q. Can input tax credit be availed on use of petroleum products?
A.
No. Tax on petroleum products cannot be availed as input credit. The input tax credit on petroleum products is covered by Schedule E. It provides that in the following circumstances the input tax credit on Petroleum products and natural gas be taken as NIL.

1. When used as fuel
2. When exported out of state

The second condition is more appropriate for trader dealers. In case they decide to stock transfer petroleum products out of state without sale, input tax on these products, if already availed on these products will have to be considered NIL.
Q. What is the applicable rate of tax on Packing materials as Outputs?
A. Packing material or containers are always sold with some goods packed or contained it. No separate rate of tax is applicable on sale of such packing material/container. The rate of tax applicable to the goods packed in such packing material will be the rate of tax applicable on this packing material. Where such goods are exempted from tax, the sale of packing material/container will also be exempt from tax. Example: spark plugs packed in plastic bags are taxed@ 12%. Thus rate of tax applicable on sale of this plastic bag is 12%. In case of these spark plugs are purchased by some other dealer e.g. automaker company, the applicable rate is 4%, thus applicable rate of tax on plastic bags in which such plugs are packed will be only 4%.
Q. Can input credit on packing material be availed on use of petroleum products?
A. The eligibility of input tax credit on packing material also depends on the item packed therein. Incase items packed therein are dealt in the circumstances that input tax credit is not eligible therein, input tax credit will not be available on such packing material as well.
Q. Is there any restriction of availing of input tax depending on the manner of disposal of goods say as free gifts or on stock transfer?
A. Yes. Input tax credit will be available on output tax payable on sales within the State and on Inter State Sale.
Restricted input tax credit is available on stock transfer/consignment dispatches to outside the State.
Q. Will input tax credit be available on Inter State Purchases?
A. Input tax credit will not be available on Inter State purchases, Delhi Govt. cannot be expected to give credit for the tax paid in another state.
Q. Will input tax credit be available for the entire tax paid on eligible purchases.
A. Input tax credit will be available on the entire VAT paid on purchases. (except interstate purchases).
Q. What proof is required to claim input tax credit?
A. Input tax credit can be claimed only on purchases from VAT Registered Dealers. The original tax invoices is the proof required to claim input tax credit. The invoices must be preserved carefully to be produced in audit proceedings.
Q. Are all dealers eligible to claim input tax credit?
A. All VAT registered dealers can claim Input Tax Credit on the eligible purchases. However, those opting for compounding scheme, where-by all dealers whose GTO is upto 25 lakhs can pay 1% tax on their GTO and are not eligible to claim input tax credit.
Q. What is the procedure for adjusting input tax paid against the output tax payable?
A. In the return filed for the Tax Period there will be a column for input tax credit, which will have to be filled in. The tax invoices in support of the claim of input tax credit will have to be preserved and may have to be shown, if so desired by the Department.
Q. How can dealer adjust the input tax against output tax when he makes taxable and exempt supplies? Will the input tax credit relating to exempt supplies lapse?
A. If the purchases are used partly for making taxable supplies, input tax credit shall be allowed proportionate to the extent they are used for that purposes. However, no input tax credit is allowed for the portion of purchases that was used for making exempt goods.
Q. What amount will be available as input tax credit in case machinery is used for manufacture of taxable goods and also manufacture of exempted goods?
A. The input tax credit will be available on proportionate basis.
Q. Is Commissioning of plant a condition for availing the input tax credit?
A. No there is no condition of commissioning of machine for making the input tax credit which is available on plant and machinery on its purchase.
Q. Do I have to sell all the goods that I have purchased to avail input tax credit for the taxes paid on all my purchases?
A. Taxes paid on all your purchases can be set off against your liability of tax on sales made by you and any excess can either be carried forward or you can claim refund.
Q. Will input tax credit be available on components used in fabricating the machine in house?
A. Yes, there is no bar on availing input tax credit on components and other parts used in fabricating machine in house, provided this machine is not used solely for the manufacture of exempted goods.
Q. Is there any tax liability on scrapping any capital asset on which input tax credit has been availed? What will be the tax implication on sale of such scraped machines?
A. Tax would be levied on the sale of scraped machines. However, the tax liability is subject to set of against any credit that may be available in your account.
http://delhi.gov.in/wps/wcm/connect/doit_tradeandtaxes/TradeAndTaxes/Home/VAT+Related+FAQs/

DVAT- FAQs- Question on Current DST,CST,WCT etc.


Q.1 Is registration under Sales Tax Law obligatory to all dealers carrying out Trade in Delhi ?
A. The registration of dealers is pre-requisite to satisfactory enforcement of the Sales Tax. The DST Act provides that no dealer shall while liable to pay tax, carry on business as the dealer unless he has been registered and produced a certificate of registration.
Q.2 Can the registration be obtained from the business premises which are located ?

a) in residential colonies,
b) non-commercial establishments,
c) on encroached Govt./State land,
d) unauthorized colonies etc.
A. Of late there has been much talk about feasibility of asking for no objection from DDA/Dte. of Estate/Land & Building Department etc. However, neither the sections nur rules confer any right on a third party to file objections at the stage of grant of registration to a dealer. The inquiry that is contemplated under the rules intents to enable the registration authority to find out whether the application submitted for registration is bonafied or not and whether the particulars mentioned therein are correct or not. If registration authority is satisfied with the particulars & bonafied nature of application and has granted registration, it is not open to the third party to question the authority of certificate of registration.
Q.3 In case I am an exporter or Inter-State dealer, if right at the time of commencement of my business I wish to obtain registration under Delhi Sales Tax, which course should I follow ?
A. You should apply at the earliest and not later than 30 days after incurring liability either by effecting an inter-state sales or by making an import and then selling the imported item, thus making yourself compulsorily registered dealer.
Q.4 If I am neither exporter or inter-state dealer, when could I obtain Registration ?
A. In case of local business only whenever your turnover for the financial year exceeds taxable quantum, you should apply within 30 days. You can also obtain voluntary registration after conducting sales work Rs. 25000/- if you so desire.
Q.5 What is the taxable quantum ?
A.
a) In case of exporter or inter-state dealer - as and when the first sale is carried out;
b) In case of manufacturer - Rs. 2 Lakhs
c) Reseller - Rs. 4 Lakhs
Q.6 What immediate benefit could be derived on obtaining registration under Sales Tax ?
A. A registered dealer is allowed to purchase goods on the strength of Rcs without payment of tax on furnishing of statutory declarations within the State and concessional rates of tax along with statutory declarations outside the State.
Q.7 What is understood by the term " Goods required for use in manufacture" ?
A. For goods to be entered in the registration certificate for use in manufacture only those goods which are raw material and converted into finished products are to be allowed. The consumable goods which are not part of the end product are not allowed to be entered in the R.C.
Q.8 What are the circumstances under which refund of sales tax could be claimed ?
A. An application for claim of refund of excess sales tax paid could be made on any of the following circumstances :

a) Any excess amount found paid in assessment proceedings ,
b) Any excess amount declared in an order of appeal,
c) Reimbursement of tax paid in State on declared goods subsequently sold in Inter State sale,
d) Restoration of registration and the paid tax on purchase of goods during the period when first registration was not in operation.
Q.9 While granting a registration, how the quantum of surety prescribed is determined ?
A. In case of a dealer who is required to compulsorily register himself, the quantum of surety should have determined on the nature and size of the business of the dealer. Where the surety is being demanded for proper custody and use of statutory declaration forms, the quantum of surety should be the amount of tax which the dealer is likely to save by the use of forms. In other case, the quantum of surety should not exceed the essential amount of tax payable.
Q.10 What could be the modes by which the dealer may be required to furnish surety ?
A. The assessing authority may require the dealer to furnish the surety in any one or more of the modes and terms specified in ;

1)Cash
1)Promissory notes of stock certificates of any State Govt.
1)Post Office cash certificate, treasury/saving deposits, HSC etc.
1)Post office savings bank pass books
1)Municipal debentures or Post Trust Bonds
1)Bonds or Debentures issues by appropriate bodies.
1)Deposits receipt of any schedules bank
1)Mortgage bond of any immovable property.
1)Back guaranties of Scheduled Banks.
1)Registered Dealers Sureties.
Q.11 What is special registration ?
A. Special registration is for those dealers whole certificates of registration has been canceled due to default in payment of tax, willful withholding of information, failure to furnish security, conviction for offenses under Sales Tax Act. This registration is meant for a defaulting dealer to enable him to continue his business. Dealers holding special registration certificates are not entitled to purchase any goods without payment of tax on the strength of registration certificate.
Q.12 What is a ST-1 form?
A. The Delhi Sales Tax Act provides that a purchasing registered dealer is entitled to exemption from Sales Tax of goods of the class or classes specified in his certificate of registration. It further lays down that a selling dealer claiming deduction in respect of any sales made to another registered dealer has to furnish to the prescribed authority with in prescribed time a declaration containing the prescribed particulars in the prescribed form obtainable from the prescribed authority and duly filled and signed by the purchasing registered dealer. The furnishing of the declaration form issued by the purchasing dealer is a condition for claiming the exemption. The declaration so prescribed to be used in respect of goods or class of goods which are taxable at last point is called Form ST-1.
Q.13 What is ST-35 / ST-35-1 ?
A. In 1986, when the list of Ist point goods was enhanced, the trade felt that it would result in double taxation as the tax would be on inputs as well as on the finished goods. The same feeling was expressed by the inter-state sellers who represented that this would totally disrupt the distributive character of Delhi and dealers will have to pay tax under the Local Act on making purchases and again on the inter-state sales. Similarly the Delhi based exporter will not be competitive in the export market in case he is made liable to pay tax on his purchases. Keeping these factors in view, a provision was made to allow tax free sale of Ist point goods by a first importer or a manufacturer to a registered dealer who requires the goods for the purpose of manufacture, export, inter state sales or for packing of goods on the strength of a prescribed declaration Form ST-35. Similarly ST-35/- is used for making tax free purchases by authorized stockiest selling agent from his principal, for sale of goods in Delhi.
Q.14 What is 'Foot Note' ?
A. A footnote was inserted in the prescribed form ST-35 allowing a Manufacturer/Interstate Seller/Exporter to sell the left over stocks from out of his purchases(against the ST-35 Form), which he could not utilize for use in Manufacture/Interstate Sales/Export, to another registered dealer for the prescribed purposes i.e. further used as raw material/Interstate Sale/Export.
Q.15 What is implication of 'Withdrawal of Footnote' ?
A. Goods purchase against ST-35 forms by an authorized dealer is not allowed to resale the goods further on forms, locally. No local dealer except /interstate seller can purchase those goods on the strength of ST-35 form, where footnote to form ST-35 has withdrawn.
Q.16 What is implication of 'Withdrawal of ST-35 Form' ?
A. Withdrawal of ST-35 implies stoppage of any trading on the strength of local forms. Tax has to be collected by the first point seller.
Q.17 How to obtain the forms from the department?
A. Requisition if to be filed along with the last month / return quarter's of the concerned year.
Q.18 What is Summary Scheme II?
A. All registered dealers whose G.T.O. does exceed Rs.1 Crore p. a. (scheme-II) and GTO mainly consists of:- Sale of tax free goods or sale of specified first point goods; Export out side India; turn over of goods than those specified above does not exceed Rs. 25 lacs.
Are eligible if they have filed all returns in time and paid tax as per return otherwise have paid tax due alongwith interest and where the assessment is not for the first or the last line.
Q.19 What is the taxable quantum in W.C.C.?
A. Rs. 5 lacs as per the explanation inserted by the amendment Act. 2001 w.e.f. 30..402001 the gross turnover of total contract amount received shall be the basis for calculating the taxable quantum
Q.20 Who is liable to pay entry tax?
A. The tax shall be payable and paid by an importer within 15 day from the entry of motor vehicle in Delhi, failure to pay tax liable for payment of interest.
Q.21 What is Work Contract?
A. A works Contract in simple terms is a Contract for carrying out certain work on movable and immovable property of others.
Q.22 What is rate of interest if the return is not submitted in time?
A. Simple interest @ 1% p.m. for the first month of default and after that 1.5% p.m.
1) The application is to be filed in form No. 21/22/24 within 12 months from the date of order giving rise to claim of refund.
2) Within 90 days of receipt of application
(i) By way of refund voucher.
(ii) By way of refund adjustment voucher.
Q.23 What is procedure of filing appeal?
A. Appeal can be filed within 60 days from the date of service of order to be appealed against.
Q.24 What is General rate of Tax?
A. There are 4 Schedules prescribed for rate of tax one @ 4% II nd one is @ 12% & III rd schedule is tax free and IV th Schedule 16@ 20% The item not covered under any of these schedules is General item. Tax rate is 8%.
Q.25 What is Tatkal Scheme for Registration?
A. Under this scheme, Registration Certificate would be issued to dealer immediately on submission of application alongwith all relevant documents alongwith PAN NO. issued by Income tax Deptt.
Q.26 What are the events requiring amendments?
A. (i) Effects any change in name ownership or place of his business.
(ii) Effects godown addition or modification in the description of any goods or class of goods specified in his registration certificate
Q27. Discontinues or more place (s) of business, opening or closing of branch office(s) and warehouse (s)
A. However in case of death of a registered dealer his legal representative shall give information within 60 days from the date of death of such dealer.
Q.28 What are the information required to be submit tax for amendments:
A. In case of addition of items in the registration certificate photocopy of purchase bill.
(i) In case of change of business premises: Rent receipt or proof of ownership of premises and NOC from landlord are to be attached with the application of amendment.
(ii) In case of admission / deletion of partner: Intimation shall be given to the assessing officer within 30 days-a copy of dissolution deed and alongwith NOC from surety form or new partnership deed shall also be filed alongwith intimation application by the existing firm.
(iii) In case of death of a registered dealer his legal representative shall give information within 60 days from date of death of such dealer to the concerned S T O.
Q.29 What are the consignees under which cancellation of R.C. can be applied:-
A. Permanent Closure of business:
If a registered dealer had discontinued his business permanently than he can surrender the R.C. for cancellation .
Q.30. What is tax clearance certificate?
A. Tax clearance Certificate is a certificate issued by the Assessing officer certifying that the dealer has no liability or dues which are in the nature of defaults.
Q.31. What are declared goods ?
A. Declared goods are the goods of special importance in inter state trade or commerce as prescribed under section 14 of the central sale tax act . such as Iron & Steel, Cereals, Jute, Cotton Coal Crude oil hides & Skins and oil Seeds etc.
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DVAT- FAQs- General

Q. What is Value Added Tax (VAT)?
A. VAT is a multi-point tax on value addition which is collected at different stages of sale with a provision for set-off for tax paid at the previous stage/tax paid on inputs.
Q. What is meant by 'Sale' under Delhi VAT Law?
A. Sale includes:-

1. The conventional sale i.e. Transfer of property in goods;
2. Supply of goods by a society, club, firm, and company to its members;
3. Transfer of property in goods involved in execution of works contract;
4. Delivery of any goods on hire purchase or any other system of payment by instalments;
5. Transfer of right to use any goods, whether or not for a specified period; and
6. Supply of good or other articles by the restaurants, hotels etc., by way of or as a part of service.

Q. Who is a dealer?
A. 'Dealer' means any person who carries on business in Delhi and includes-

1. any person who, for the purposes of or in connection with or incidental to or in the course of his business buys, sells, goods directly or otherwise, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration;

2. any department of the Central Government or a State Government, a local authority, Panchayat, Municipality, Development Authority, Cantonment Board and each autonomous or statutory body or an industrial, commercial, banking, insurance or trading undertaking whether or not of the Central Government or any of the State Governments or of a local authority, if it buys, sells, supplies or distributes goods, in the course of specified activities which may be prescribed from time to time;

3. a factor, commission agent, broker, del credere agent, or any other mercantile agent by whatever name called, who carries on the business of buying, selling , supplying or distributing goods on behalf of any principal, whether disclosed or not;

4. an agent of a non-resident (where such non-resident is a dealer under any other sub-clause of this definition);

5. a local branch of a firm or company or association of persons, outside Delhi where such firm, company, association of persons is a dealer under any other sub-clause of this definition;

6. a club, association, society, trust, or cooperative society, whether incorporated or unincorporated, which buys goods from or sells goods to its members for price, fee or subscription, whether or not in the course of business;

7. an auctioneer, who sells or auctions goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal;

8. a casual trader; or

9. any person who, for the purposes of or in connection with or incidental to or in the course of his business disposes of any goods as unclaimed or confiscated, or unserviceable or scrap, surplus, old, obsolete or as discarded material or waste products by way of sale;
Q. Will multi point tax lead to cascading?
A. VAT eliminates cascading by providing for set off for taxes paid on inputs and only taxing value addition, tax on sales would be shown separately while issuing tax invoice or calculating tax liability.
Q. What will happen to the Central Sales Tax Act?
A. CST Act would remain as it is. No VAT on inter-State Sales, shall be levied and the Central Statutory Forms, i.e, Form C,D,F, H etc., shall also continue. However, in future, it is proposed that the tax rate for sale against C form shall be gradually reduced from present 4% to 0%.
Q. Are there any Statutory Forms under the VAT?
A. There are no statutory forms in VAT, it is an invoice based system wherein input credit is allowed at the strength of tax invoice.
Q. VAT would increase the cost of compliance.
A. Cost of compliance would come down due to self-assessment, dealers would not have to approach the Department for statutory forms or for assessment.
Q. VAT requires extensive computerization, which traders cannot afford.
A. The document and papers that the dealers are maintaining under the present regime would suffice, in fact documentation needs should decrease due to self assessment and elimination of forms.
Q.
VAT would spoil the distributive character of Delhi.
A. Lowering CST rate, input credit and credit for capital goods would reduce the cost of business and improve the margin of traders. Since Exports and Imports under VAT is zero-rated, VAT should give impetus to the distributive character.
Q. Cost of doing business would go up as dealers will have to pay tax on their purchases.
A. If we assume that the average length of time required for settling of amounts receivable and payable is the same as the length of time for remitting tax and processing any refund, no additional cost is imposed on trade or industry.
Q. Prices would go up due to VAT and consumer would suffer.
A. As against three slabs of 4, 8 & 12% in the present regime VAT would have only 2 major slabs of 4 & 12.5%; some commodities falling under 8% slab would come down to 4% slab thereby causing a downward pressure on prices. Further, input credit and credit allowed for purchase of capital goods should reduce the effective selling price.
Q. VAT is anti poor.
A. Items that are consumed by the poor are exempt. Besides the scheme of higher threshold and compounding for dealers having turnover upto Rs. 25 lakhs after paying notion tax of 1% on the turnover would take care of all such dealers from whom poor source their requirement.
Q. Will input tax credit be available on capital goods used in the execution of works contract?
A. Yes input tax credit will be available on capital goods purchased after 1.4.2005 for execution of works contract in NCT of Delhi subject to conditions. However, in case a dealer, after availing tax credit, transfers the assets/Capital goods, on which he had availed tax credit, out of NCT of Delhi for executing other works not liable to be taxed in Delhi, the credits so allowed shall be reversed, tax shall have to be paid on such transfer of capital goods/assets. The tax so payable shall be equivalent to unutilized portion of tax credit allowed by the Department less tax payable at usual rates on such transfer or sale.
Q. Is there any restriction on leasing out machines purchased for own use? If no, what will be it's tax implications under VAT?
A. There is no restriction on leasing out machines bought for own use.
2. Imposition of Tax
Q. How do I calculate my tax liability?
A. Calculating tax liability under VAT is very simple. If a dealer is selling any item of 4% tax and he sells goods worth Rs. 1,000/-. Amount of tax payable will be Rs. 40/- But same goods he had purchased for Rs. 900/- and at that time he had already paid Rs. 36/- so the net tax payable by him will be 40-36= 4 and he will pay to the Government only Rs. 4 on the sale of Rs. 1000/- (@ 4% tax rate). The tax payable by him is tax rate multiplied by value addition, in the instant case (1000-900) X 0.04.
Q. Whether it is possible to avail credit for taxes paid on input if goods are sold interstate or are exported?
A. Purchases intended for inter-State Sale as well as exports are eligible for tax credit.
Q. If the input is used partly for making taxable goods and partly for exempted goods, whether input tax credit will be available?
A. Where goods have been partly used for making the taxable sales (or inter-State sales) and partly for making exempt goods, the amount of the tax credit shall be reduced proportionately. To illustrate, X purchased machinery for Rs. 1,00,000/- plus tax of Rs. 12,500/- for manufacture of taxable as well as exempted goods. At that time, he estimated that the machinery would produce 80% taxable goods. In such case, his input tax credit will be restricted only to 80% of Rs. 12,500/- i.e., Rs. 10,000/-.*******
Q. What is input Tax?
A. Input tax means tax on goods purchased by a dealer in the course of his business. The eligible purchases would include any goods purchased by a dealer for re-sale or for use in the manufacture or processing or packing or storing of other goods or any other use in business including capital goods excluding exceptions prescribed in seventh schedule of the Act.
Q. When can one claim input Tax Credit?
A. Input tax credit is the credit for tax paid on inputs. Dealer has to pay tax after deducting Input tax which he had paid from total tax collected by him.
Q. What proof is required to claim input tax credit?
A. Input tax credit can be claimed only on purchases from VAT Registered Dealers. The original "Tax Invoice" is the proof required to claim input tax credit
Q. How is input tax credit to be claimed? Is there any requirement of a "one to one" correlation between input tax and output tax?
A. There is no need for a "one to one" correlation between input tax credit and output tax. Quite a large number of small businesses are under the misconception that input tax has to be adjusted against output tax on a bill to bill basis. The operation of the input tax mechanism is very simple. The dealer will be eligible to take credit of eligible input tax in a tax period as specified on the entire purchases. The dealer would charge VAT at the prescribed rate of tax as is being done in the present system of levy of sales tax. The VAT or Output Tax payable is compiled on a monthly basis as is done now. The dealer can adjust the input tax eligible on the entire purchase in the tax period against the output tax payable irrespective whether the entire goods purchased is sold or not. For example, if the input tax credit in a particular month is Rs. 1,000/-, the output tax payable is Rs. 500/-, the excess input tax of Rs. 500/- can be carried forward to the next tax period. Assuming no further input tax credit in the following month and that the output tax payable is Rs. 700/- the dealer will pay Rs. 200/- alongwith the monthly return.
Q. Will input tax credit be available on all purchases for the business?
A. Generally, input tax credit will be eligible on all goods purchased for resale, raw material and packing materials for use in the manufacture of goods and even capital goods.

Only goods purchased from VAT registered dealers in the State will be eligible for input tax credit. Input tax credit will not be available on Inter State purchases.

The purchases on which you cannot claim a credit for your input tax are:

1. Autombiles, including commercial vehicle, unless you are in the business of dealing in such automobiles.
2. Spare parts for repair and maintenance of automobiles unless your business is dealing in such automobiles;
3. Petroleum products unless one is dealing in petroleum
4. Goods used for personal consumption or gifts;
5. Air-conditioning units unless you are in the business of dealing in such units".
Q. Can input tax credit be availed on use of petroleum products?
A.
No. Tax on petroleum products cannot be availed as input credit. The input tax credit on petroleum products is covered by Schedule E. It provides that in the following circumstances the input tax credit on Petroleum products and natural gas be taken as NIL.

1. When used as fuel
2. When exported out of state

The second condition is more appropriate for trader dealers. In case they decide to stock transfer petroleum products out of state without sale, input tax on these products, if already availed on these products will have to be considered NIL.
Q. What is the applicable rate of tax on Packing materials as Outputs?
A. Packing material or containers are always sold with some goods packed or contained it. No separate rate of tax is applicable on sale of such packing material/container. The rate of tax applicable to the goods packed in such packing material will be the rate of tax applicable on this packing material. Where such goods are exempted from tax, the sale of packing material/container will also be exempt from tax. Example: spark plugs packed in plastic bags are taxed@ 12%. Thus rate of tax applicable on sale of this plastic bag is 12%. In case of these spark plugs are purchased by some other dealer e.g. automaker company, the applicable rate is 4%, thus applicable rate of tax on plastic bags in which such plugs are packed will be only 4%.
Q. Can input credit on packing material be availed on use of petroleum products?
A. The eligibility of input tax credit on packing material also depends on the item packed therein. Incase items packed therein are dealt in the circumstances that input tax credit is not eligible therein, input tax credit will not be available on such packing material as well.
Q. Is there any restriction of availing of input tax depending on the manner of disposal of goods say as free gifts or on stock transfer?
A. Yes. Input tax credit will be available on output tax payable on sales within the State and on Inter State Sale.
Restricted input tax credit is available on stock transfer/consignment dispatches to outside the State.
Q. Will input tax credit be available on Inter State Purchases?
A. Input tax credit will not be available on Inter State purchases, Delhi Govt. cannot be expected to give credit for the tax paid in another state.
Q. Will input tax credit be available for the entire tax paid on eligible purchases.
A. Input tax credit will be available on the entire VAT paid on purchases. (except interstate purchases).
Q. What proof is required to claim input tax credit?
A. Input tax credit can be claimed only on purchases from VAT Registered Dealers. The original tax invoices is the proof required to claim input tax credit. The invoices must be preserved carefully to be produced in audit proceedings.
Q. Are all dealers eligible to claim input tax credit?
A. All VAT registered dealers can claim Input Tax Credit on the eligible purchases. However, those opting for compounding scheme, where-by all dealers whose GTO is upto 25 lakhs can pay 1% tax on their GTO and are not eligible to claim input tax credit.
Q. What is the procedure for adjusting input tax paid against the output tax payable?
A. In the return filed for the Tax Period there will be a column for input tax credit, which will have to be filled in. The tax invoices in support of the claim of input tax credit will have to be preserved and may have to be shown, if so desired by the Department.
Q. How can dealer adjust the input tax against output tax when he makes taxable and exempt supplies? Will the input tax credit relating to exempt supplies lapse?
A. If the purchases are used partly for making taxable supplies, input tax credit shall be allowed proportionate to the extent they are used for that purposes. However, no input tax credit is allowed for the portion of purchases that was used for making exempt goods.
Q. What amount will be available as input tax credit in case machinery is used for manufacture of taxable goods and also manufacture of exempted goods?
A. The input tax credit will be available on proportionate basis.
Q. Is Commissioning of plant a condition for availing the input tax credit?
A. No there is no condition of commissioning of machine for making the input tax credit which is available on plant and machinery on its purchase.
Q. Do I have to sell all the goods that I have purchased to avail input tax credit for the taxes paid on all my purchases?
A. Taxes paid on all your purchases can be set off against your liability of tax on sales made by you and any excess can either be carried forward or you can claim refund.
Q. Will input tax credit be available on components used in fabricating the machine in house?
A. Yes, there is no bar on availing input tax credit on components and other parts used in fabricating machine in house, provided this machine is not used solely for the manufacture of exempted goods.
Q. Is there any tax liability on scrapping any capital asset on which input tax credit has been availed? What will be the tax implication on sale of such scraped machines?
A. Tax would be levied on the sale of scraped machines. However, the tax liability is subject to set of against any credit that may be available in your account.
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