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India Legal Requirements Overview: CENVAT (Excise), VAT (Central Sales Tax), Service Tax,
Cenvat Credit
India Localization
CENVAT (Excise)
VAT / LST / CST
Service Tax
Cenvat Credit
What is Cenvat?
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Every legal entity that manufactures or produces excisable goods shall pay the duty leviable on
such goods
Materials are classied under various tari headings (Chapter Ids).This will be subject to change in
every nancial budget.
Goods consumed in-house also liable for payment of duty.
Tax Rates Provided by GOI and are subject to change after eachyear based on the budget
Exemption to pay duty on intermediate products in thefollowing cases
-used for manufacturing nal goods which are eligible forCenvat credit
Duty shall be paid when the goods are removed from the place of production or place of storage
Excise duty not payable on goods manufactured forexports or deemed exports
Goods manufactured in factory for use within the factoryfor repairs of machinery installed within
the factory are exempt from excise.
Duty Calculation
Specic duty It is calculated on the basis of certain unit, length, weight etc. Eg. cigare?e
Ad valorem duty It is based on the value of the goods
Duty based on tari value The Govt. may x tari value from time to time. The duty will be
calculated as percentage of tari value xed by the Govt. and not on assessable value.
Transaction value is the price actually paid or payable for the goods and includes any other amount
that the buyer is liable to pay in connection with such sale
Any additional consideration owing directly or indirectly tothe seller from the buyer should be
added to the transaction value.
Cost of production is not relevant for the purpose of determining assessable value.
Assessable value may be lower than the cost price of the goods.
Goods should be assessed in the form in which they areremoved.
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CENVAT PAYMENT :
Excise Registers:
Bond Registers
License Registers
CENVAT (Excise)
VAT / LST / CST
Service Tax
Cenvat Credit
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Rs
STAGES
I Manufacturer II Wholesaler III Retailer
Selling price 100.00 Cost price 100.00 Cost price 120.00
(excl. tax)
VAT @ 14% 14.00 Overheads & prot @ 20.00 Overheads & prot 24.00
20% @ 20%
Sale price 114.00 Sale price(excl. tax) 120.00 Sale price(excl. tax) 144.00
Tax paid 14.00 VAT @ 14% 16.80 VAT @ 14% 20.16
Sale price(incl. Tax) 136.80 Sale price(incl. Tax) 164.16
Tax paid(16.80-14.00) 2.80 Tax paid(20-16.14) 6.16
CENVAT vs VAT
Cenvat VAT
Central Value Added Tax State Value Added Tax
Revenue to Central Government Revenue to State Government
Tax on Manufactured Goods Tax on Sale of goods
Single point tax paid at the rst
Multi Point Tax payable at each stage of value chain
point of goods movement
Credit can be availed Credit can be availed except in case of LST
General CENVAT rate @ 10% with
General VAT rate @ 5% or 14% with exceptions
exceptions
Centrally administered Cenvat Chain
State administered Chain broken on interstate
cannot be broken on interstate
transactions
boundaries
Cenvat credit can be availed on
Cenvat credit cannot be availed on Services
Services
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CENVAT (Excise)
Service Tax
Cenvat Credit
Service Tax
Export of Service
Import of Service
Service provider is entitled to take credit of service tax paid on input services
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Credit can be taken only when full payment has been made for the service
Credit may be taken for service tax and also for education Cess , Secondary and Higher Education
Cess paid
In case the service provider is engaged in exporting services, he shall be granted refund of CENVAT
on input services
In many cases, various input services will be consumed in theheadquarters/administrative oces of
manufacturers and OSPs. In such cases, the invoices indicating the payment of service tax will be in
the name of such headquarters/ administrative oces. Provision can be made for availing credit of
such service tax, in the premises where manufacturing activity is undertaken or the premises where
the output services are rendered.
Reporting
Half yearly return in form ST-3 to be led within 25 days from the end of the half year
Return needs to be accompanied by TR -6 challan evidencing duty payment
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