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[Tharun Raj]
Tharun Raj
CONTENTS
Value Added Tax (VAT) .................................................................................................................................................. 3
Introduction to VAT: ........................................................................................................................... 5
VAT CHART (With Uniform Rate): ....................................................................................................... 6
VAT CHART (With Varying Rates): ....................................................................................................... 7
When Sales Tax is levied? ................................................................................................................... 9
Unutilized Input credit: ................................................................................................................. 11
Issues in utilization of Input tax credit: ............................................................................................. 14
Variants of VAT ................................................................................................................................. 15
Methods of Value added................................................................................................................... 17
Tax rates Under VAT: ........................................................................................................................ 20
Tax treatment under VAT for Stock transfer: ................................................................................... 20
Impact of VAT on Imports: ................................................................................................................ 20
Procedures under VAT ...................................................................................................................... 21
Composition Scheme under VAT: ................................................................................................. 22
Consequences of Non-registration: .............................................................................................. 24
Cancellation of Registration: ......................................................................................................... 24
Tax Payers Identification Number (TIN):........................................................................................... 24
Maintenance of Records: .................................................................................................................. 24
VAT INVOICE: .................................................................................................................................... 24
Format of VAT Invoice:.................................................................................................................. 25
System of cross checking under VAT: ........................................................................................... 25
Returns and Assessment under VAT: ................................................................................................ 26
Accounting Entries for VAT: .............................................................................................................. 26
Merits and Demerits of VAT: ............................................................................................................ 27
VAT Audit: ......................................................................................................................................... 27
Unsolved questions:.......................................................................................................................... 28
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Delhi, March 21, 2005: VEXATIOUS ALTERNATIVE TAX?: Sections of trade are up in arms against the
proposal to introduce value added tax at the State level, unconvinced by the arguments of economists
and policymakers. What is VAT? And why traders opposed implementation of VAT? Analyse the
impact of VAT and we will discuss the issue at last!!!
A ROAD TO CST:
CST though called CENTRAL Sales tax, the state will collect and retain the tax.
CST shall be paid by the seller to that state where the movement of goods starts.
The state governments are entrusted with the authority to collect and administer CST
through the respective state commercial tax departments.
The rate of CST is as follows:
Sale to
Registered Dealers
Unregistered Dealers
Sec. 3 of CST Act, 1956: A sale or purchase of goods shall be deemed to take place in the
course of interstate trade or commerce if the sale or purchase
a) Occasions the movement of goods from one state to another or
b) Is effected by transfer of documents to title of the goods during their movement
from one state to another.
Documents of title to goods means a document which evidences that the person holding the
document has the title to goods. Lorry receipt, Railway receipt, Air way bill, bill of lading are
known as documents of title to goods.
CST is levied on all subsequent interstate sales made by a one person to another. The system
of tax credit is absent in CST. But this general rule has exceptions:
a) Interstate sale by transfer of documents of title
b) Penultimate sale
c) Special provision in case of declared goods
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Sec. 6(2) of CST Act, 1956 Subsequent sales by transfer of documents of title is exempt
provided the dealer selling goods issues a certificate in prescribed form (E-I/E-II) to the
purchasing dealer.
Sec. 5(3) of CST Act, 1956 Sale preceding the export sale is known as penultimate sale
which is exempted as it is deemed to be in the course of export. Such exemption is available
only if the sale is as per the following order of events.
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INTRODUCTION TO VAT:
Power to Levy: seventh schedule to the constitution
List I (Union List) Entry No. 92A Taxes on sale and purchase of goods other than newspapers,
where such sale or purchase takes place in the course of Interstate trade or commerce.
List II (State List) Entry No. 54 Tax on sale or purchase of goods other than news papers, where
such sale or purchase takes place in the course of Intrastate trade or commerce
Meaning of Sale: Transfer of property in goods by one person (i.e. Seller) to another person (i.e.
Buyer)
- For Cash (i.e. Cash Sales) or
- For Deferred payment (i.e. Credit Sales) or
- For any other Valuable Consideration (i.e. Barter system)
Types of Sale
Inter State Sale
(Sale outside the State)
History of VAT:
1919
Dr. Wilhelm von Siemens, Germany proposed on improved turnover tax (which is in the
same lines of VAT)
1954
VAT was introduced in France and soon it spread to a large number of countries.
1986
India introduced VAT in a different way under the name of Modified Value Added Tax
(MODVAT), where it is restricted only to excise duty.
1994
A committee of state finance ministers headed by union finance minister was
constituted for the introduction of VAT
2001
MODVAT was renamed as CENVAT which covers services also
2002
Dr. Vijay Kelkar, advisor to union finance minister has submitted a report on
observations and recommendations for implementation of VAT
2005
State level VAT was introduced by majority of states
WHAT IS VAT?
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Goods
Manufacturer
Consumer
Retailer
Observation (i)
Input tax
Credit taken
=Rs. 10
Wholesaler
Explanation
In the above chart VAT paid by
consumer to Retailer is Rs. 20.
Therefore the burden on
consumer is Rs. 20.
Transparency in a tax system can
be achieved when there are no
hidden taxes, which means the tax
borne by consumer should be the
revenue to the government.
From the above chart it is clear
that the revenue to the
government is Rs. 20 (10+5+3+2)
Explanation
The revenue to the government of
Rs. 20 is routed by Raw material
producer, goods manufacturer,
wholesaler, retailer in their value
added ration from consumer.
Value added ratio = 100:50:30:20
(Total sale price = 200)
Tax paid ratio = 10:5:3:2 (Total tax
paid to Government = 20)
Each person knows his VAT liability
which means that there is
certainty in VAT.
Advantage
TRANSPARENCY in VAT
Under a VAT system, the buyer
knows out of the total
consideration paid for
purchase, what is tax
component. This transparency
enables state govt. to know as
to what is the exact amount of
tax coming at each stage. Thus
it is a great aid to the govt.
while taking decisions with
regard to tax rate.
Advantage
CERTAINTY in VAT
The VAT is a system based
dimply on transactions. Thus
there is no need to go through
complicated definitions like
sales, sales price. The tax is also
broad based and applicable to
all sales in business leaving
little room for different
interpretations. Thus, this
system brings certainty to a
great extent.
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Consumer
Goods
Manufacturer
Retailer
Observation (iii)
Input tax
Credit taken
=Rs. 10
Wholesaler
Explanation
In the previous chart where VAT
rates are uniform, the tax paid by
consumer (Rs. 20) is shared by RM
producer, goods manufacturer,
wholesaler, retailer in their value
added ratio and accordingly their tax
burden is determined.
If the same continues in this chart
also, then the tax paid by consumer
(Rs. 40) shall be shared by the
players as follows:
Value
Tax
added liability
RM producer 100
20
Manufacturer 50
10
Wholesaler
30
6
Retailer
20
4
Tax paid by consumer
40
But as per the above chart the tax
payable is as follows:
RM producer 100
10
Manufacturer 50
20
Wholesaler
30
6
Retailer
20
4
Tax paid by consumer
40
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Advantage
No uniformity in VAT rates
The merits accrue in full
measure only under a
situation where there is only
one rate of VAT and VAT
applies to all commodities
without any question of
exemptions whatsoever. Once
concessions like differential
rates of VAT, composition
schemes, exemption schemes
are built into the system,
distortions are bound to occur
and the fundamental principle
that VAT will totally eliminate
cascading effects of taxes will
also be subject to
qualifications.
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With VAT
1000
100
1000
100
1,100
1,100
Cost to Mr. S
1,100
1,000
500
1,600
500
1,500
320
300
Cost to Customer
1,920
Cost to Customer
1800
320
Observation (iv)
Explanation
From the above illustration, the cost
to consumer when VAT system is
implemented is less compared to
without VAT system. The consumer
saves Rs. 120. The tax payable by Mr.
S to the government is decreased
when VAT system is implemented i.e.
Rs. 120.
Therefore the government loses its
revenue in order to contribute it to
consumer.
200
Advantage
Avoids cascading effect of tax
A persistent criticism of VAT has
been that since the tax is
payable on the final sale price,
the VAT usually increases the
prices of goods. However, VAT
does not have any inflationary
impact. With the introduction of
VAT, tax impact on RM is totally
eliminated. Therefore, there will
be no increase in prices.
Why the VAT credit should not be considered in the cost and how it can be set
off with tax payable?
Logical Explanation
Accounting Explanation
The VAT paid on purchases is available as credit.
Whenever a portion of cost incurred is available
as credit, it should not be considered while
calculating the net cost incurred.
If it is considered then cost to consumer will
increase and leads to cascading effect of tax
which is against the VAT system.
The credit so available will be utilised for
payment of VAT liability.
For purchases:
Purchases A/C ----- Dr.
VAT credit Receivable A/C --- Dr.
To Cash/Creditors A/C
For Setoff:
VAT payable A/C --- Dr.
To VAT credit receivable A/C
To Cash (Bal. if any)
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Government loses
tax on value
addition made on
subsequent sale
Tax is levied on
every sale of a
product, on the full
amount of its sale
price whether there
is value addition or
not
It leads to cascading
effect of tax
Explanation
As government loses its revenue on
further transactions, it shifted from
single point sales tax at the time of
first sale to single point sales tax at
the time of last sale.
But when tax is levied on the last
sale, the government doesnt have
any say except to rely on the
information provided by retailer,
which makes the retailer to evade
tax.
So the levy of sales tax shifted to
multi point sales tax on the total
sale price. But it is not free from
any limitations. It leads to
cascading effect of tax and as a
result the sale price or cost to
consumer will increase
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Advantage
Removal of anomaly of single point
taxation
VAT eliminates single point sales tax
at the time of first sale and last sale.
In case of last point tax system,
1. Temptation to evade tax is high
2. Quantum of tax at one point is
high
3. Exemption is available against
statutory forms, possibility of misuse
of forms cannot be ruled out.
In case of first point tax system, tax
was avoided by way of selling the
goods at first point to their sister
concerns at lower rates and
thereafter increasing the price.
All the above anomalies are taken
care under VAT.
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1,000
40
1040
300
1340
53.60
1393.6
500
1893.6
75.74
Cost to Consumer
1969.34
40
1040
40
1,000
300
1300
52
1352
52
1300
500
1800
72
Cost to Consumer
10
1,000
1872
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Input Tax
Output Tax
Raw Material
Trading
goods
Consumables
Capital Goods
VAT paid by registered dealer on purchase of
inputs, Capital goods, Consumables for business
to produce finished goods.
(or)
VAT paid by registered dealer on purchase of
trading goods which are subsequently sold for a
margin.
NET VAT PAYABLE BY REGISTERED DEALER = OUTPUT TAX (-) INPUT TAX
Illustration on availment and utilization of Input tax credit:
Ram purchased Inputs worth Rs. 1,00,000 and made sales of
Rs. 2,00,000 in the month of January. The input tax rate and output
tax rate are 4% and 12.5% respectively. Calculate the Net VAT
payable by Ram for the month of January? (Assume purchases and
sales are exclusive of tax)
Net VAT payable = Output tax Input tax
Output tax = 2,00,000 X 12.5% = 25,000
Input tax = 1,00,000 X 4% = 4,000
Net VAT payable for the month of January = Rs. 21,000
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1) The goods should be purchased for any one of the following purposes.
a) For Intra-state sales/ Inter-state sales
b)
Goods, Used as
Raw materials
Consumable Stores
For the manufacture of taxable goods or goods used in the packing of such
manufactured goods intended for Intra-state/ Inter-state Sales.
c)
Goods, Used as
Raw materials
Capital goods
Consumable Stores
Packing materials/
Containers
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B of Andhra Pradesh
C of Andhra Pradesh
A.P
Recovers VAT from
subsequent buyer
The Government of A.P allows the VAT paid by B as credit to C, only because again C
will pay VAT on subsequent sale (Either Intra-state or Inter-state). But the
Government of T.N will not grant credit of duty paid by A to B, as it is a revenue loss
to the state of T.N
3) Import of goods
4) Purchase of goods specified in the negative list by the respective state governments.
Following are the goods not covered under Vat.
a) Petrol, diesel, Aviation Turbine Fuel (ATF) or other motor spirit
b) Liquor and
c) Lottery tickets
Note: The states may or may not bring these commodities under VAT laws
5) Purchases from registered dealer who opts for composition scheme (i.e. Dealers who
pay lower rate of duty)
6) Purchase of goods without Invoice
7) Purchase of goods which are being utilized in the manufacture of exempted goods.
In some states, partial input tax credit is available in respect of inputs used for
manufacture of exempted goods
8) Goods in stock, which have suffered tax under an earlier Act, but under VAT Act they
are covered under exempted items
9) Purchase of goods dispatched to other states as branch transfer.
10) Purchases from registered dealer who does not show tax amount separately in
invoice.
11) Purchased goods used for personal use/Consumption or provided free of charge as
gifts.
12) Purchase of goods for use as fuel in generation of power
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Option (i)
Option (ii)
ISSUE-2: Goods are purchased and used in the manufacture of finished goods which are then
exported. The Input tax credit on those goods remains unutilized. What is the treatment
available?
When goods are exported, the exporter will get REFUND of the Input tax credit paid by him.
The refund will be allowed within a period of 3 months from the end of the month in which goods
were exported.
ISSUE-3 : Units located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) purchases
raw materials by paying VAT and uses these raw materials for manufacture of finished goods. Is
there any incentive in respect of Input tax credit on purchases as they are engaged only in export
of goods?
The incentive is available in the following manner
Option (i)
Option (ii)
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VARIANTS OF VAT
Variants of VAT (i.e. Different modes of allowing input tax credit)
Income Variant
Consumption Variant
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48,077
25,000
Depreciation (1,00,000/2)
50,000
Total Cost
1,23,077
61,538
Sales Value
1,84,615
7,385
1,923
5,462
Income Variant:
Computation of sale value:
Value of Cloth (50,000 X 100/104)
48,077
25,000
45,455
Total Cost
1,18,532
59,266
Sales Value
1,77,797
7,112
1,923
4,545
644
Consumption Variant:
Computation of sale value:
Value of Cloth (50,000 X 100/104)
48,077
25,000
45,455
Total Cost
1,18,532
59,266
Sales Value
1,77,797
7,112
1,923
5,189
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Addition Method
Invoice Method
Subtraction Method
It provides an opportunity
for dishonest traders to
acquire Bogus bills
Direct
subtraction
Intermediate
Subtraction
Indirect
Subtraction
Value added
Value added
Value added
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c)Subtraction method
= 70,000
Invoice method:
= 1,00,000
= 70,000
= 1,70,000
= 6,800
Subtraction method:
(i)
Direct Subtraction:
Sales (Exclusive of VAT)
(-) Purchases (Exclusive of VAT)
Value added
VAT
= 2,800
= 1,70,000
= 1,00,000
= 70,000
Intermediate subtraction:
Sales (Exclusive of VAT)
= 1,70,000
(-) Purchases (Inclusive of VAT)= 1,04,000
Value added
= 66,000
VAT = 66,000 X 4% = 2,640
(iii)
Indirect subtraction:
Sales (Inclusive of VAT)
= 1,76,800
(-) Purchases (Inclusive of VAT)= 1,04,000
Value added
= 72,800
VAT = 72,800 X 4/104 = 2,800
VAT payable under Addition method, Invoice method, direct subtraction, indirect subtraction is
same
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Manufacturer A extracted raw produce X and Y from mines and sold the
same to Manufacturer B for Rs. 40,000 and Rs. 60,000 respectively.
Manufacturer B used X and Y as raw material and sold the resultant
product to Wholesaler C for Rs. 3,00,000. Wholesaler sold the same to
retailer D for Rs. 4,50,000. The retailer sold the same to a consumer
for Rs. 5,00,000.
Compute VAT payable under
(a) Invoice method
(b) Subtraction method, if
(i)
Manufacturer A sells produce X for Rs. 40,000 (VAT 4%)
and produce Y for Rs. 60,000 (VAT 12.5%)
(ii)
All other sales are liable to VAT @ 4%. All prices quoted are
exclusive of VAT.
Invoice method:
VAT on sales
VAT credit
Manufacturer A (Note 1)
9,100
9,100
Manufacturer B (Note 2)
12,000
9,100
2,900
Wholesaler C (Note 3)
18,000
12,000
6,000
Retailer D (Note 4)
20,000
18,000
2,000
20,000
Value added
VAT on value
(inclusive of
(inclusive of
(inclusive of
added
VAT)
VAT)
VAT)
Manufacturer A (Note 1)
1,09,100 *
1,09,100
9,100
Manufacturer B (Note 2)
3,12,000
1,09,100
2,02,900
7,804 **
Wholesaler C (Note 3)
4,68,000
3,12,000
1,56,000
6,000
Retailer D (Note 4)
5,20,000
4,68,000
52,000
2,000
24,904
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4% VAT category
20
The states do not have power to impose tax on Imports as it is covered under
Union list. So, No VAT on imports
If imports are brought into VAT chain, the cascading effect of tax can be reduced
and tax compliance can also be improved.
The Empowered committee is discussing this issue with the Government of India.
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1. Compulsory registration: If an assessee fails to obtain registration under the VAT Act, he may be
registered compulsorily by the Commissioner. The Commissioner may assess the tax due from such
person on the basis of evidence available with him. In this event the assessee shall have to forthwith
pay such amount of tax. Further, failure to get registered shall result in attracting default penalty
and forfeiture of eligibility to set off all input tax credit related to the period prior to the compulsory
registration.
2. Voluntary registration: A dealer otherwise not eligible for registration may also obtain
registration if the Commissioner is satisfied that the business of the applicant requires registration.
The Commissioner may also impose any terms or conditions that he thinks fit.
Dealer means any person, who consequent to (or)
In connection with (or)
Incidental to (or)
In the course of his business,
Buys or sells goods for a consideration (or) otherwise.
Is this Composition
scheme compulsory?
Every dealer will opt for
composition scheme
instead of paying
normal duties. What is
the disadvantage in
opting for composition
scheme?
How the option for
Composition scheme
can be opted?
What are the other
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advantages of
composition scheme?
What are the other
consequences of
composition scheme?
Observation (vi)
Composition scheme is
neither a win- loss nor winwin situation to buyer and
seller but it is a loss-loss
situation.
Explanation
The seller cannot avail input tax
credit in respect of input tax
paid as a result he will be losing
the input tax credit on
purchases made by him. The
seller will not be able to pass on
the benefit of input tax credit,
which will add to the cost of the
goods
Disadvantage
Breakage of VAT chain
The buyer shall not get any tax
credit for the purchases made by
him from the composition
scheme dealer. Therefore as
soon as the dealer opts for the
composition scheme, the VAT
chain will be broken and the
benefit of tax paid earlier will
not be passed on to the
subsequent buyer.
30,00,000
30,00,000
VAT payable
30,00,000 X 4/104
= 1,15,385
30,00,000 X 1%
= 30,000
(80,000)
N.A
35,385
30,000
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= 5,385
= 30,000
Conclusion: As the Benefits are more than cost, it is advisable for Mr. A to opt for composition
scheme. The decision will change if he has a huge balance of Input tax credit.
CONSEQUENCES OF NON-REGISTRATION:
A dealer cannot carry on the business unless he is registered and olds a valid registration
certificate
Attracts default penalty
Forfeiture of eligibility to set off all input tax credit related to the period prior to the
registration
The dealer will be compulsorily registered by the commissioner and the tax due shall be
assessed on the basis of evidence available with the commissioner.
CANCELLATION OF REGISTRATION:
In all the above situations dealer has to surrender original registration certificate, pay the tax up to
date.
TAX PAYERS IDENTIFICATION NUMBER (TIN):
MAINTENANCE OF RECORDS:
Value and quantity of Purchases, Sales, Goods manufactured, goods disposed of otherwise
by sale, Inventory, Exempted sales
Copies of all Invoices, Debit or credit notes in serial number
Details of amount of tax charged on each sale
Details of Output tax, Input tax.
Details of availement and utilization of Input tax credit, balance carried forward.
All such records shall be maintained for the period prescribed under the state laws and failure to
keep these records attracts penalty.
VAT INVOICE:
24
Every registered dealer whose turnover exceeds the specified amount should issue a serially
numbered tax invoice to the purchaser.
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The dealer should keep a counterfoil (or) duplicate of such tax invoice duly signed and dated.
Invoice is a crucial document which needs to be preserved carefully by the purchasing
dealer. In case the original invoice is lost (or misplaced, a duplicate authenticated copy must
be obtained from the issuing dealer. It is so because of the following reasons
a) Tax credit can be availed only on the basis of Invoice
b) The Invoice assists in performing audit and investigation activities effectively
c) With the help of invoices, tax evasion can be easily traced out.
d) The VAT chain mainly depends on the availment and utilization of VAT credit. If there is
no VAT invoice, the cascading effect on taxes cannot be prevented.
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state level authorities as well as the central excise, customs, service tax and Income tax authorities
of the central government. This shall be possible only on the basis of coordination between the tax
authorities of state governments and that of central government.
RETURNS
Returns are filed monthly/ quarterly/annually
as per the provisions of state laws
The returns will be accompanied with challans
evidencing payment of VAT and with requisite
details of input tax and output tax, inventory
details etc.,
Every return furnished shall be scrutinised
expeditiously. If any technical mistake is
detected on scrutinizing, the dealer shall be
required to pay the deficit appropriately.
On payment of VAT
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Demerits of VAT
1. Regressive in nature, as it is imposed on
ultimate consumer and tax paid by poor will be
higher percentage than rich.
This can be avoided by taxing necessities at a
lower rate.
2. Higher administration cost due to increased
number of dealers
3. No matching of VAT rates between
purchases and sales due to varying VAT rates
4. No integration of state VAT with Central VAT
which makes no credit on interstate
purchases.
5. Detailed records even by small traders
VAT AUDIT:
Compulsory VAT audit or External audit: If the turnover of a dealer exceeds the specified limit fixed
by the state government, then the accounts of such dealer should be audited by a Chartered
Accountant (CA) and has to submit a report in prescribed form within specified period.
Effective self
assessment by
dealer
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Departmental Audit or Selective audit: Audit by the authorities of the VAT department which is not
mandatory but is resorted to in selective cases. The departmental audit is provided with a view to
promote compliance with the provisions of VAT law.
If any tax evasion is detected in the course of audit, the previous records of the concerned dealer
may be taken up for audit. The audit is conducted in the following manner.
UNSOLVED QUESTIONS:
1. From the following information calculate the Net VAT payable by every seller.
A is a trader selling raw materials to a manufacturer of finished products. He imports his
stock in trade as well as purchases the same in local markets. The rate of VAT is assumed to
be 12.5% ad valorem.
As Cost of Imported materials
10,000
Bs Cost of RM
40,000
Duty payable on the above
1,250
VAT on above is Rs. 5,000
Bs Cost of other
As Cost of local materials
20,000
materials:
VAT charged by local suppliers on
above Rs. 2,500 which is not
a) local purchases (VAT
20,000
includible in the cost as credit is
Rs. 2,500)
available
b) Inter state purchases
10,400
(CST paid Rs. 400)
Other expenditure incurred and
8,750
profit
Other expenses and profit 29,600
Sale price of goods
40,000
Sale price
1,00,000
2. Mr. Samyuk presents following details for March, 2011a) Opening Balance of Input VAT credit as on 1-3-2011 = Rs. 15,000
b) Inputs purchased during the month of March = Rs. 15,00,000
c) Within the state sales of manufactured goods = Rs. 20,00,000
d) Inter-state Sales = 4,00,000
CST rate is 2%. There was no inventory as on 1-1-2011 or 31-3-2011. The VAT laws governing
Mr. A provide for the refund of input-VAT credit after the end of the first financial year itself.
3. Mr. Krishna, a manufacturer of taxable as well as tax-free goods, furnishes the following
information for the month of March, 2011:
a) Sales of Product A (tax-free goods) = Rs. 50,00,000
b) Sales of product B (taxable goods) = 100,00,000 (VAT @ 12.5%)
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(RTP Final)
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Tharun Raj
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Tharun Raj
Amount (`)
Rate of VAT
10,00,000
20,00,000
30,00,000
Exempt
1%
12.5%
10. Mr. X a dealer in Mumbai, dealing in consumer goods, submits the following information
pertaining to the month of March, 2012:
(i) Exempt goods 'A' purchased for ` 2,00,000 and sold for ` 2,50,000.
(ii) Goods 'B' purchased for ` 2,25,000 (including VAT) and sold at a margin of 10% profit on
purchases (VAT rate 12.5%)
(iii) Goods 'C' purchased for `1,00,000 (excluding VAT) and sold for ` 1,50,000 (VAT rate 4%);
(iv) His unutilized balance of VAT input credit on 1.3.2012 was ` 1,500. Compute the
turnover, Input VAT, Output VAT and Net VAT payable by Mr. X.
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