Beruflich Dokumente
Kultur Dokumente
BY
NIRC OF ICAI
RAKESH GARG, FCA
Background
Background
Lottery tickets are not liable for Sales Tax SC dated 28.04.2006.
Value Added Tax by Rakesh Garg, FCA
- Essential ingredients as per - Rainbow Color lab. to that extent Sales of Goods Act be applied is incorrect and A.C.C. agreed - Composite charges by hospital - Remarks in C.K. Jidheash on for fees and medicine do not fall in ACC incorrect - Rules for valuation necessary - 366(29A). K. Damodaraswamy 117 STC 1
The aspect theory would not apply to enable the value of the services to be included in the sale of goods or the price of Aspect theory deals goods in the value of the service. which in one with legislative competence. Subjects
aspect and for one purpose fall within the power of a particular legislature may in another aspect and for another purpose fall within another legislative power. They might be overlapping; but the overlapping must be in law. The same transaction may involve two or more taxable events in its different aspects.
VAT
On Transfer of
Goods
Intangible Goods
CENTRAL FORMS
Forms upto 30.9.05
Obtain forms for the half year from 01.04.2005 to 30.09.2005 Form 2A to be filed along with last return for 05-06; Procedure - as earlier Furnishing of Forms : up to 31.12.2006 along with DVAT-51 Seek extension from the AA if forms are not received
CENTRAL FORMS
Forms after 30.9.05
PRE-CONDITIONS FOR OBTAINING FORMS i) All taxes (including under DVAT Act and the repealed Acts) have been paid upto date; ii) All returns including reconciliation return in form DVAT-51 have been filed upto date;
iii) Security (including additional security) u/s 7(3A) of the CST Act, as stipulated by the AA, has been furnished;
iv) Dealer had filed proper utilization account in form-2B of forms issued to him earlier; and v) There should not be any adverse information on record. Value Added Tax by Rakesh Garg, FCA
CENTRAL FORMS
Forms after 30.9.05
Obtain forms on quarterly basis Form C, D, E-I & E-II will cover the transactions for the whole quarter; whereas Form F will cover for the month File Form 2C for obtaining blank forms, whenever so required. File Form 2B for utilization of Forms already issued, if not filed earlier
Value Added Tax by Rakesh Garg, FCA
CENTRAL FORMS
Forms after 30.9.05
Form 2B (utilization) shall be filed within 3 months from end of the quarter; and even if no Form is utilised. Furnishing of Forms : Within 3 months from the end of quarter. Form DVAT-51 shall also be filed within said period Seek extension from the AA if forms are not received. No provisions for payment of tax if forms not already received.
ONE YEAR
OF VALUE ADDED TAX
Reduced interaction with the dealers fall in corruption level Above all, automatic generation of revenue without making much efforts. Ultimately more funds for Delhi Development and infrastructure.
Efforts were made to bring more and more items in Schedule III, i.e. 4%
Form H prescribed for sales by penultimate exporter to merchant exporters within Delhi u/s 5(3)- Deter.20/CDVAT/2005 dt. 13.4.06
Supreme Court in Tamilnadu Kalyan Mandapam (135 STC 480) - Catering contracts have service as well as sale dominantly. Tax only on supply portion under sub-clause (f) of article 366(29A). Supreme Court in K.Damodaraswamy (117 STC 1)- In relation to residential hotels Rules are necessary for bifurcation. This power cannot be given to the assessing authorities. The same ratio can be applied to caterers
THANK YOU
RAKESH GARG, FCA
Author
Delhi VAT Ready-Reckoner Works Contract and Delhi VAT Concepts of Central Sales Tax Goods under Sales Tax Laws Basics of Delhi VAT
phones : 011- 5528 8584; 5525 7539 (New Delhi)
mail: sahaigarg@hotmail.com; sahaigarg@gmail.com