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Total Number of Subscribers: 464 | |
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Date:19th November 2008 |
Compiled by Mr. M. Sathya Kumar | |
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Value Added Tax or VAT Introduction: VAT or Value Added Tax is, perhaps, one of the most important fiscal innovations of the 20th century. First it was introduced in France in 1954 (Taxe sur la Valeur Adjoutee). In Asia, it has been introduced by a large number of countries such as China, Sri Lanka India etc. At present, more than 160 countries including those in Latin American, Asian, Africa and the Pacific have a VAT system in place. Even in India, there has been a VAT system introduced by the Government of India for about last ten years in respect of Central excise duties. At the State-level, the VAT system as decided by the State Governments was introduced in terms of Entry 54 of the State List of the Constitution. The first preliminary discussion on State-level VAT took place in a meeting of Chief Ministers convened by Dr. Man Mohan Singh, the then Union Finance Minister in 1995. In this meeting, the basic issues on VAT were discussed in general terms and this was followed up by periodic interactions of State Finance Ministers. Thereafter, in a significant meeting of all Chief Ministers, convened on November 16, 1999 by Shri Yashwant Sinha, the then Union Finance Minister, three important decisions were taken. Before the introduction of State-level VAT, the unhealthy sales tax rate war among the States would have to end and sales tax rates would need to be harmonised by implementing uniform floor rates of sales tax for different categories of commodities with effect from January 1, 2000. In the interest again of harmonisation of incidence of sales tax, the sales-tax-related industrial incentive schemes would also have to be discontinued with effect from January 1, 2000. On the basis of achievement of the first two objectives, the States for introduction of State-level VAT would take steps after adequate preparation. For implementing these decisions, an Empowered Committee of State Finance Ministers was set-up.
Through repeated discussions and collective efforts in the Empowered Committee, it was possible within a period of about a year and a half to achieve nearly 98 per cent success in the first two objectives on harmonisation of sales tax structure through implementation of uniform floor rates of sales tax and discontinuation of sales-tax- related incentive schemes.
After reaching this stage, steps were initiated for systematic preparation for the introduction of State-level VAT. At this stage, there were certain developments, which delayed the introduction of VAT. Despite these developments, most of the States remained positively interested in implementation of VAT. By the constant efforts of the empowered committee the states have either introduced VAT act in the state or are in the process of having it.to know the system of taxation under value added taxation system one should properly know the clear ambit of value added system so that he can give a full time cooperation to it.
VAT: Definition
General Tax It is a general tax that applies, in principle, to all commercial activities involving the production and distribution of goods and the provision of services.
Consumption Tax: It is consumption tax
because it is borne ultimately by the final consumer. It is not a charge
on companies. Charged As A Percentage Of Price: It is charged as a percentage of price, which means that the actual tax burden is visible at each stage in the production and distribution chain.
Collected Fractionally:
First let us consider what value addition to a product is or in toto what is a value added chain. A value addition is an estimated market value added to a product or material at each stage of its manufacture or distribution, until it is passed on to the ultimate consumer. The chain that is formed by such value addition is called value added chain
Suppose following is the value added chain to a product ; fibre-yarn-fabric-garment-retailer-consumer, then the value added tax is the tax imposed on this value addition. For example the agriculturist sells the fiber to yarn manufacturer at the price suppose 100/- and pays 10% tax on it which comes to 10/-. Total cost to yarn manufacturer will be 100/-. Now he converts into yarn and sells it to fabric manufacturer at 200/-where tax collected during output was 20/- (10%). thus market value added to this product is selling price cost price i.e. 100/- and value added tax payable would be tax on this value i.e. tax on output price tax on input price i.e. 20-10=10/-.
How to calculate VAT?
Illustration No.2
Benefits of VAT
For example: a Manufacturer purchases inputs / raw materials worth Rs.500.00 and pays tax of Rs.50.00 @ 10%. Since he is not getting input tax credit, he will add Rs.50.00 to the cost of inputs/ raw materials. If he adds Rs.450.00 towards his labour and service and other expenses to produce a commodity using the raw materials/ inputs, which also includes his profit (value addition), the value of his product becomes Rs.1000.00. When he sells the product, he collects tax, say Rs.100.00 @ 10%, which contains Rs.50.00 tax collected on value of input which has already been taxed at the time of purchases, Rs.5.00 i.e. tax on tax of Rs.50.00 paid earlier. In this way, there is double taxation and tax on tax, resulting in cascading. The product may also be used as an input for manufacturing another product, further cascading. VAT will eliminate cascading effect of sales tax
2. Ancillarisation discouraged Cascading increases the cost of production and makes the product uncompetitive. Further, since the existing sale tax system is a tax on sale without provision for set off of tax paid on purchases, it discourages ancillarisation. Ancillarisation means getting most of parts/ components manufactured from outside. To avoid paying tax, the large manufacturers instead of buying parts/ components from outside, manufactures the parts themselves. This discourages the growth of small-scale industry and increases concentration of economic power. The system has also an adverse impact on quality of the product, further reducing the competitiveness of the goods.
3. Multiplicity of taxes A major defect in the prevailing sales tax structure, there is in several States also a multiplicity of taxes, such as turnover tax, surcharge on sales tax, additional surcharge, etc. In addition, the states levy luxury tax as also an entry tax on the sale of imported goods. Implementation of VAT in our country is a right step in this direction and to do away with multiple tax system. Under the regime of VAT, there should be no other tax such as Additional Special Tax, Entry Tax, Octroi and Central Sales Tax (CST).
4. Multiplicity of rates Also, there is the problem of multiplicity of rates. All the states provide for plethora of rates... These range from one to 25 per cent. This multiplicity of rates increases the cost of compliance while not really benefiting revenue. Heterogeneity prevails in the structure of tax as well. Thus to sum up with the introduction of VAT, benefits can be analysed as follows: A set-off will be given for input tax as well as tax paid on previous purchases Other taxes, such as turnover tax, surcharge, additional surcharge, etc.will be abolished Overall tax burden will be rationalised Prices will in general fall There will be self-assessment by dealers Transparency will increase There will be higher revenue growth Problems in effective implementation of vat in value added chain There are certain problems, which are faced by the government of India to effectively impose the tax in this value added chain.
Some of the important problems are stated as follows:
2. Multiple levies In theory, VAT is supposed to be a tax to end all taxes. Many of the countries that have adopted VAT do not levy excise duty, entry tax or luxury tax. This, however, is unlikely to happen in India. E.g. the white paper indicates that the states that have already introduced entry tax should make it vattable, this very fact defeats the whole system of having vat as the only tax on product.
3. VAT in all States VAT system of taxation required to be implemented simultaneously throughout the country in all States and Union Territories at the same time. Only 20 states in India have effectively implemented vat, Chhattisgarh, Gujarat, Tamil Nadu, Rajasthan etc have not introduced vat in their taxation system. This creates serious market distortions
4. Uniform VAT Law and procedure India has often been described as a country with large market. But unfortunately this large market has been highly fragmented by inter-state barriers. State specific law on sale of goods further complicates it. The wide divergence in the structure and practice has hampered free flow of goods and services within the country and effected competitiveness of Indian Industry. Heterogeneity in VAT even in forms, returns & declarations creates artificial barriers and complexities
5. Rates and Classification of goods Non-Uniform rate structure across the country helps in developing the diversion of trade from one State to another, creates an unhealthy competition and increasing tax evasion. It discourages automobile industry to plan and commit long-term investments. The classification of goods not aligned to central taxes overburdens litigation. Non- Uniform classification across all States and central taxes creates an un- favourable environment for any growth of industry
Suggestions and conclusion
VAT to unify all local taxes: It is recommended that with the introduction of VAT, all other local taxes be discontinued, and the same should be taken into account in determining the rate of taxation. Stability and continuity of the VAT regime: It is recommended that for the stability and continuity of VAT, a VAT Council or a permanent suitable alternative vested with adequate powers to take steps against discriminatory taxes and practices and eliminate barriers to free flow of trade and commerce across the country should be explored.
Conclusion
Article by Mr. Parikshit, an expert in Income tax matters | |
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