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VAT Sales Tax
Services
India does not have
a classic Value-Added Tax (VAT) structure. Instead, separate tax
on sale of goods and on rendering of services is imposed under
different legislations. Sale and purchase of goods is subjected
to charge of sales tax. Sales tax is levied under Central and
State Sales Tax legislations depending upon the movement of
goods in pursuance of a sale transaction. If the transaction
involves movement of goods from one state to another
(inter-state), the tax is levied under Central Sales Tax Act (CSTA),
1956.
This Act also covers transactions of import of goods into or
export of goods out of India. Sales tax is not imposed on import
of goods into the country or export of goods out of the country.
The Central Sales Tax (CST) Act is administered by the state
governments and the tax is levied at the origination of
transaction (origin based levy). The revenue collected under
Central Sales Tax Act is retained by the state governments. The
rates of tax under Central Sales Tax Act vary from state to
state and product to product. The standard rate of CST is 4 per
cent or the lower rate applicable in the state of seller if the
purchaser is purchasing the same for resale or for use in
manufacture of goods for sale or for specified purposes and both
the seller and buyer are registered dealers. Otherwise, the rate
is higher of 10 per cent or the rate applicable in the state of
sale.
The transactions of sales or purchases involving movement of
goods within a state (intra-state) are governed by respective
State Sales Tax Acts. States also levy tax on transactions which
are "deemed sales" like works contracts and leases. A works
contract essentially is a contract for carrying out work
involving supply of labor and material where the property in the
materials passes during the course of execution of the contract.
Lease is a transaction involving transfer of right to use goods.
From 1 April 2005, 21 states of India have replaced local sales
tax with VAT. The rest of the states are still continuing to
impose sales tax. The VAT, as introduced by 21 states, is not
much different from local sales tax regime except that it
captures value addition at each level of distribution network.
The State VAT, as introduced by the states, continues to be a
tax on sale of goods and does not include taxation of services.
The standard rate of VAT is 12.5 per cent and there is reduced
rate of 4 per cent. Besides that, there are exemptions and rate
of 1 per cent and 20 percent for specified products.
In addition to sales tax, some states also levy additional tax /
surcharge, turnover tax or entry tax.
Sales tax / state VAT is payable by the seller to the
government. Ordinarily, sales tax / state VAT is recovered from
the buyer as a part of consideration for sale of goods.
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