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Value Added Tax for PCC AND IPCC

[Submitted by CA. Rajendra Kumar P.
Chennai, Tamil Nadu]

May 16, 2009

  1. Value added tax in short VAT, was a tax introduced as early as 1919 by Dr.Wilhelm Von Siemens in Germany as a tax on improved turnover. Professor Thomas.S.Adams suggested this tax in USA as a sales tax with a credit or refund for taxes paid by the producer on goods bought for resale or for use in production of goods. However till 1953 no country introduced VAT. In the year 1954 France introduced it and since then many countries have adopted this progressive method of taxation.
     
  2. Value added tax is a multi point tax. Tax already paid is allowed to be adjusted against tax payable.
     
    Example:
    Tax has to be paid when hotel Saravana Bhavan sells fried rice. The tax has already paid on the oil used to make fried rice is allowed to be adjusted against the tax payable on sale of fried rice.
     
    A pen purchased say reynolds from the retail shop suffers tax at the hands of the retailer let us say Rs.2. The retailer when he purchased the pen from the wholesaler would have paid tax to the wholesaler say Re.1. This tax of Re.1 is allowed to be adjusted against Rs.2 the tax payable. Hence the balance tax to be paid by the retailer to Government. is Re.1.
     
  3. There are three different types of VAT. They are:-
    • Gross Product Variant
    • Income Variant
    • Consumption Variant
     
  4. Under the Gross Product Variant taxes paid on purchases of raw materials and components alone is allowed as deduction. Taxes paid on capital goods is not allowed as deduction. This method is not in use, as it does not allow tax deduction of capital goods like plant & machinery on which the tax is large due to the price of the capital goods. This method is discouraged, as it does not take into account all the taxes paid by the buyer.
     
  5. The income variant of VAT allows for deduction on purchases of raw materials & components as well as depreciation on capital goods. This method is also discouraged, as there is no one method by which depreciation can be calculated as depreciation always depends upon the life of the asset.
     
  6. The consumption variant of VAT is the most popular method and is followed widely in many countries. This variant of VAT allows for deduction of taxes paid on all business purchases including capital assets.
     
  7. Value added tax is a tax on value addition. To calculate the tax component there are several methods used. However there are three methods, which are most commonly used. They are:-
    • Addition Method
    • Invoice Method
    • Subtraction Method
     
    The subtraction method is again divided into two:-
    • Direct subtraction method
    • Intermediate subtraction method

    Among these methods the most popular and widely used method is the invoice method.
     
  8. ADDITION METHOD
    This method of computing VAT is used under the income variant. Under this method all the payments including profit is aggregated to arrive at the total value addition and on this value addition the rate of tax is applied to calculate VAT. This is not a popular method, as this method does not facilitate the matching of invoices for detecting the tax evasion.
     
  9. INVOICE METHOD
    This is the most popular and commonly used method. In India this method is being followed both in Central Excise as well as State VAT. Under this method tax is charged on the sale value, which is reflected on the invoice issued to the buyer. The tax charged by the seller which is reflected on the purchase invoice is taken into account for set off thus the net tax payable will be tax on sales minus tax on purchases. Any excess tax paid on purchases is allowed to be carried forward for set off against future tax liabilities. This method is also called as Tax Credit Method or Voucher Method. Under the Central Excise Act this method is known as Cenvat Credit. Even though tax evasion cannot be ruled out completely yet this method ensures that it is kept under check as only on raising an invoice for sale the tax paid on purchases can be set off.
     
  10. SUBTRACTION METHOD
    Under this method tax is charged on the value added portion alone at each state of sale of goods. This method does not recognize set off or tax credit as the total value of goods sold is not taken into account. Under this method tax is not separately charged. For imposing tax the value added is the difference between the total sales and total purchases.
     
    Under the Direct Subtraction Method the total value of purchases exclusive of tax is deducted from the total value of sales exclusive of tax. The balance is the value added which is to be taxed.
     
    Under the Intermediate Subtraction Method the purchase value is taken as inclusive of tax and other parameters are as per the direct subtraction method.
     
  11. MERITS OF VAT
     
    I. VAT acts as a check on tax evasion. Unless proper records are maintained availing credit is not possible under VAT. Hence VAT promotes maintenance of records thereby checking tax evasions.
     
    II. VAT does not interfere in the decision of making purchases as the entire tax paid on purchases is allowed to set off. Thus VAT allows free play of market forces and competition.
     
    III. VAT is a transaction based tax. It does not give room for interpretation thereby VAT tends to avoid confusion in the minds of the taxpayer.
     
    IV. It is a transparent tax. The buyer, the seller and also the Government is aware of the tax from the documentary evidence. Thus VAT helps the State Government in taking decisions with regard to rate of tax.
     
    V. VAT ensures better revenue collections and stability the revenue leakage to the Government is minimum, as tax credit will be given only on the basis of proof of tax paid at the earlier state.
     
    VI. VAT promotes better accounting systems, as only proper accounting will ensure proper credit.
     
    VII. VAT does not have any impact on the retail sale price of the commodity. The tax credit takes care of the cascading effect of prices due to tax.
     
  12. DEMERITS OF VAT
     
    VIII. VAT can be successful only when there is one rate applicable to all commodities and there is no exemption. If concessions are given the fundamental principle of VAT that it will eliminate cascading effect on price cannot be guaranteed.
     
    IX. In India unless the Central VAT i.e Central Excise & Service Tax is not merged with State VAT there will always be a distortion effect. There will be no parity in purchases.
     
    X. VAT is transaction based it requires record keeping which increases the accounting cost. Small Traders and Firms may find it difficult to meet this cost.
     
    XI. VAT is charged on each value addition due to which there is a share of increase in working capital requirement.
     
    XII. VAT is a consumption tax i.e. the tax burden is on the final consumer. If the income spent on consumption is larger for the poor than for the rich VAT tends to be regressive.
     
  13. In India VAT has been introduced at the state level since the year 2001 in substitution of sales tax. However the Central Sales Tax on Interstate Sale is also levied. The Central Government also imposes tax on manufacture of goods in India, which is known as Excise Duty, and a tax on select taxable services. All the taxes whether levied by the state or the Central have to be merged if the benefit has to accrue to the common man. While presenting the Union Budget for the year 2006-07 the Union Finance Minister announce that goods and service tax will be introduced from April 1, 2010. If India has to be a single tax nation GST is the only alternative. However a constitutional amendment will be required to reorganise the levying and collection of tax among States and Central.
     
  14. The ICAI is rendering Pioneering service in formulating accounting policies and guidelines for both Central Level and State Level of VAT. ICAI has issued guidance notes addressing all accounting issues on Central and State VAT. ICAI also brought out a comprehensive study on State Level VAT in India. The study discuss various principles of State VAT and these principles are found incorporated in the various State Level VAT Legislations. ICAI has a major role to play not only in auditing the records but also educating the general public and offering training to the Government Officials on VAT related issues. The role and scope of ICAI will enlarge and it will become important when GST is introduced.
     
  15. Many States in India have incorporated the provision of audit by “Chartered Accountants” in the VAT legislation. A detailed report has also be described the various states. The Chartered Accountant is expected to audit the records maintained for the purpose of VAT and submit the report within the due date. This audit not only acts as a check on the correctness of the tax paid but also ensures that the assessee has taken due and proper credit. The audited accounts of the VAT dealer presented to the state VAT authorities ensures that proper records have been kept and the assessee has followed the provisions of the Act. The state can safely rely on the audit report and take decisions on assessment, scrutiny, etc. Thus audit is a value addition both to the assessee as well as the Government.
     

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