Professional Documents
Culture Documents
COMPANY AUDIT
SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIRMENT
FOR
MCOM PART II SEM - IV
{2015-2016}
BY
MISS: RAJESHRI .D.GIRI
UNDER THE GUIDANCE OF MR NIKHIL KARKHANIS
UNIVERSITY OF MUMBAI
SHETH T.J.EDUCATION SOCIETYS
SHETH N.K.T.T COLLEGE OF COMMERCE &
SHETH J.T.T COLLEGE OF ARTS, THANE (WEST)
CERTIFICATE
OF M.COM PART
THE
PROJECT REPORT ON COMPANY AUDIT DURING THE ACEDEMIC YEAR 20152016 UNDER THE GUIDANCE OF MR NIKHIL KARKHANIS SUBMITTED ON
/ /
M.COM
PROJECT GUIDE
EXTERNAL EXAMINER
COURSE COORDINATTOR
PRINCIPAL
DECLEARATION
ACKNOWLEDGMENT
CONTENT
Sr. No.
Topics Covered
Page No.
1 12
13
Introduction.
14 16
17 21
22 27
28 36
37 44
45 48
Business Audit.
49 51
67 69
Section IV Conclusion.
70
Section V Bibliography.
71
Value Added Tax is a broad-based commodity tax that is levied at multiple stages of
production. The concept is akin to excise duty paid by the manufacturer who, in turn, claims a
credit on input taxes paid. Excise duty is on manufacture, while VAT is on sale and both work
in the same manner, according to the white paper on VAT released by finance minister
Chidambaram. The document was drawn up after all states, barring UP, were prepared to
implement VAT from April. It is usually intended to be a tax on consumption, hence the
provision of a mechanism enabling producers to offset the tax they have paid on their inputs
against that charged on their sales of goods and services. Under VAT revenue is collected
throughout the production process without distorting any production decisions.
While theoretically the amount of revenue collected through VAT is equivalent to sales tax
collections at a similar rate, in practice VAT is likely to generate more revenue for
government than sales tax since it is administered on various stages on the production
distribution chain. With sales tax, if final sales are not covered by the tax system e.g. due to
difficulty of covering all the retailers, particular commodities may not yield any tax.
However, with VAT some revenue would have been collected through taxation of earlier
transactions, even if final retailers evade the tax net.
In addition, the audit trail that exists under the VAT system makes it a more effective tax in
administration terms than sales tax as it helps with the verification of VAT amounts declared
as due. This is made possible by the fact that one persons output is anothers input. As with
sales tax imports are treated the same way as local goods while exports are zero- rated to
avoid anti-export bias.
Under the CST Act, the tax is collected at one stage of purchase or sale of goods. Therefore,
the burden of the full tax bond is borne by only one dealer, either the first or the last dealer.
However, under the VAT system, the tax burden would be shared by all the dealers from first
to last. Then, such tax would be passed upon the final consumers.
Under the CST Act, the tax is levied at a single point. Under the VAT system, the retailers are
not subject to tax except for the retail tax.
Under the CST Act, general and specific exemptions are granted on certain goods while VAT
does not permit such exemptions. Under the CST law, concessional rates are provided on
certain taxes. The VAT regime will do away with such concessions as it would provide the
full credit on the tax that has been paid earlier.
At the first point of sale, the value of goods is Rs.100. The tax on this is 12.5%. Therefore,
the net VAT would be 12.5%. At the second change of sale, the sale value is Rs.120 and the
tax thereon is 15%. The tax that is to be paid at every point is 15%. The input tax is 15%. The
dealer will get a credit for first change in sale of 2.5%-- i.e. 15% -12.5%. Therefore, 2.5%
will be the net rate. At the third change of sale, the sale value is Rs.150 and the tax on this is
18.75%. At the last stage, the tax paid is 18.75%. The Input Tax is 18.75%. Dealers get a
credit for second change in sale? i.e. 18.75% -15% = 3.75%. Therefore, 3.75% would be the
net VAT. This means that VAT is paid in the last point tax under the sale tax regime.
WHO GAINS?
State and Central governments gain in terms of revenue. VAT has in-built incentives for tax
compliance only by collecting taxes and remitting them to the government can a seller
claim the offset that is due to him on his purchases. Everyone has an incentive to buy only
from registered dealers purchases from others will not provide the benefit of credit for the
taxes paid at the time of purchase. This transparency and in-built incentive for compliance
would increase revenues. Industry and trade gain from transparency and reduced need to
interact with the tax personnel. For those who have been complying with taxes, VAT would
be a boon that reduces the cost of the product to the consumer and boosts competitiveness.
VAT would be major blow for tax evaders, both manufacturers who evade excise duty
payments and traders who evade sales-tax.
month. If the tax credit exceeds the tax collected during a month on sale within the state, the
excess credit will be carried forward to the next month.
OTHER CONSIDERATIONS
It is imperative that policy makers in considering adoption of VAT should be interested in the
economy wide impact of this tax. Special emphasis is often placed on its effect on equity,
prices and economic growth. This is particularly important because of the potential effects on
consumption of certain commodities that have a direct or indirect effect on labour
productivity.
Value added tax is widely criticized as being regressive with respect to income that is its
burden falls heavily on the poor than on the rich.
consumption as a share of income falls as income rises. Hence a uniform VAT rate falls
heavily on the poor than the rich. This criticism is valid when VAT payments are expressed
as a proportion of current income.
demonstrated by the level of consumption rather than income, consumption is used as the
denominator the impact of VAT would be proportional.
be demonstrated if lifetime income rather than current income is used. A lifetime income
concept considers the fact that many income recipients are only temporarily at lower income
brackets as their earnings increase. In order to address the regressivity of VAT the following
measures can be taken:
The VAT itself can be used to differentiate taxation of consumer items that are
consumed primarily by the poor such that they pay less or at zero rate or to tax luxury goods
at a higher than standard rate.
VAT exemptions may also be granted on goods and services that are consumed mostly
by the poor.
Equity concerns may also be addressed through other ways, outside the VAT system,
such as other tax and spending instruments of government. This could be in the form of
lower basic income tax rates on the poor or some pro-poor expenditures of government. The
use of multiple rates of VAT has however been widely discouraged for various reasons.
These include:
quality expensive products e.g. food, consumed by the rich and ordinary products
consumed by the poor. Thus any concessions extended may tend to benefit the rich much
more than the poor.
with it problems of delineating products and interpreting the rules on which rate to use.
significantly increased costs of tax compliance for small firms, which are usually
This results
in the use of presumptive methods of determining the tax liability, which leads to
more difficulties in monitoring the compliance. The higher compliance cost resultant from
differentiation of VAT rates may also be regressive with respect to income since smaller firms
with lower income tend to bear proportionately more of the burden than do larger firms.
Exemptions refer to situations where output is not taxed but taxes paid on inputs are not
recoverable. The rationale behind exemptions is to reduce negative distributional effects of
tax through the effect on incomes. The effects of exemption may be as follows:
falling of revenues exemptions break the VAT chain. If exemptions are granted at
prior to the final sale, it results in a loss of revenue since value added at the final stage
escapes tax.
away from such inputs thus distorting the input choices of the said producers.
Exemptions may create incentives to self supply i.e. tax avoidance by vertical
integration.
Exemptions tend to feed on each other giving rise to a phenomenon called exemption
creep. This arises from the fact that each exemption gives rise to pressures on further
FEATURES OF VAT
1. Rate of Tax VAT proposes to impose two types of rate of tax mainly:
a. 4% on declared goods or the goods commonly used.
b. 10-12% on goods called Revenue Neutral Rates (RNR). There would be no
fall in such remaining goods.
c. Two special rates will be imposed-- 1% on silver or gold and 20% on liquor.
Tax on petrol, diesel or aviation turbine fuel are proposed to be kept out from
the VAT system as they would be continued to be taxed, as presently
applicable by the CST Act.
2. Uniform Rates in the VAT system, certain commodities are exempted from tax. The
taxable commodities are listed in the respective schedule with the rates. VAT proposes
to keep these rates uniform in all the states so the goods sold or purchased across the
country would suffer the same tax rate. Discretion has been given to the states when it
comes to finalizing the RNR along with the restrictions. This rate must not be less
than 10%. This will ensure By doing this that there will be level playing fields to
avoid the trade diversion in connection with the different states, particularly in
neighboring states
3. No concession to new industries Tax Concessions to new industries is done away with
in the new VAT system. This was done as it creates discrepancy in investment
decision. Under the new VAT system, the tax would be fair and equitable to all.
4. Adjustment of the tax paid on the goods purchased from the tax payable on the goods
of sale All the tax, paid on the goods purchased within the state, would be adjusted
against the tax, payable on the sale, whether within the state or in the course of
interstate. In case of export, the tax, paid on purchase outside India, would be
refunded. In case of the branch transfer or consignment of sale outside the state, no
refund would be provided.
5. Collection of tax by seller/dealer at each stage. The seller/dealer would collect the tax
on the full price of the goods sold and shows separately in the sell invoice issued by
him
6. VAT is not cascading or additive though the tax on the goods sold is collected at each
stage, it is not cascading or additive because the net effect would be as follows: - the
tax, previously paid on the sale of goods, would be fully adjusted. It will be like
levying tax on goods, sold in the last state or at retail stage.
4. Transparency The tax that is levied at the first stage on the goods or sale or purchase
is not transparent. This is because the amount of tax, which the goods have suffered,
is not known at the subsequent stage. In the VAT system, the amount of tax would be
known at each and every stage of goods of sale or purchase.
5. Fair and Equitable VAT introduces the uniform tax rates across the state so that
unfair advantages cannot be taken while levying the tax.
6. Procedure of simplification Procedures, relating to filing of returns, payment of tax,
furnishing declaration and assessment are simplified under the VAT system so as to
minimize any interface between the tax payer and the tax collector.
7. Minimize the Discretion the VAT system proposes to minimize the discretion with
the assessing officer so that every person is treated alike. For example, there would be
no discretion involved in the imposition of penalty, late filing of returns, non-filing of
returns, late payment of tax or non payment of tax or in case of tax evasion. Such
system would be free from all these harassment
8. Computerization the VAT proposes computerization which would focus on the tax
evaders by generating Exception Report. In a large number of cases, no processing or
scrutiny of returns would be required as it would free the tax compliant dealers from
all the harassment which is so much a part of assessment. The management
information system, which would form a part of integral computerization, would
make the tax department more efficient and responsive.
VALUE ADDED TAX IN MAHARASHTRA
Sales tax was first introduced in India in the then Bombay Province as early as March 1938
where a tax was imposed on sale of tobacco within certain urban and suburban areas. In the
year 1946, a general sales tax was introduced levying sales tax at the last stage of sale of
goods.
The Bombay Sales Tax Act, 1959 introduced in 1959 underwent many changes thereafter and
in July 1981, first point tax was introduced wherein goods were classified into three main
schedules, broadly covering tax free goods, intermediate products and finished goods. The
BST Act was repealed and Maharashtra Value Added Tax Act, 2002 came into force w.e.f. 1 st
April, 2005 to usher in the progressive value added tax system in place of the old sales tax
system.
VAT is a progressive and transparent system of taxation which eliminates the cascading
impact of multiple taxation through a multipoint taxation and set-off principle. It promotes
transparency, compliance and equity and therefore, is both dealer friendly and consumer
friendly.
VAT being a multi point tax, envisages an increase in the number of dealers and is based on
the concept of self-assessment and self-compliance. It is therefore, inevitable that the Sales
Tax Department transforms itself into a dealer friendly, focused and dynamic department to
cater to the ever increasing expectations of both the Government and the Trade & Industry.
Sales Tax Department has taken up the challenge to transform their selves and be available
for assisting the dealers in complying with the provisions of the law. They are in the process
of installing a state-wide networked IT system to computerise entire tax administration and
hope to provide online service to the dealers in due course. They are also realigning their
organisational structure to meet the challenges of the new system and stakeholders'
expectations.
Part1 - Introduction
Background
Maharashtra is one of the 21 States which have introduced the Value Added Tax (VAT)
system of taxation from 1st April 2005. With the introduction of VAT, the Sales Tax
Department has moved to a globally recognized sales taxation system that has been adopted
by more than 130 countries.
The design of Maharashtra State VAT is generally guided by the best international practices
with regard to legal framework, as well as operating procedures. Another key factor in
preparation of the design of State level VAT is the national consensus on certain issues. The
consensus has been arrived at through the discussions in the Empowered Committee of State
Finance Ministers on implementation of State level VAT.
On 1st April 2005, VAT replaced the single point sales tax. Single point sales tax had a
number of disadvantages, primarily that of double taxation. VAT is a modern and progressive
taxation system that avoids double taxation. In addition to offering the possibility of a set-off
of tax paid on purchases, VAT has other advantages for both business and government.
It provides the potential for a stronger manufacturing base and more competitive
export pricing.
It is invoice based, and as a result it offers a better financial system with less scope for
error.
VAT in Maharashtra is levied under a legislation known as the Maharashtra Value Added Tax
Act (MVAT Act), supported by Maharashtra Value Added Tax Rules (MVAT Rules). VAT is
levied on sale of goods including intangible goods.
The meaning of goods for VAT purposes
Goods means every kind of moveable property including goods of incorporeal and
intangible nature but there are some exclusion, such as newspapers, actionable claims,
money, shares and securities and lottery tickets.
Businesses engaged in. the buying and selling of goods within the scope of the VAT law are
referred to as dealers.
deemed sale of goods used I supplied in the course of execution of works contract;
The rate of tax applicable to the goods sold under various classes of sales is uniform.
However, in respect of normal sales of goods and deemed sales of goods under works
contract and specified deemed sale of goods given on lease, the Act provides for an optional
method for discharging tax liability by way of composition. Being so, the tax liability has to
be determined with reference to the option exercised by the dealer for discharging tax
liability.
Businesses covered by VAT
The VAT system embraces all businesses in the production and supply chain, from
manufacture through to retail. VAT is collected at each stage in the chain when value is added
to goods. 1t applies to al1 businesses, including importers, exporters, manufacturers,
distributors, wholesalers, retailers, works contractors and lessors.
If a dealers annual turnover exceeds the below mentioned threshold, then it must register
with the local office of the Sales Tax Department.
Category
Annual Turnover of
Turnover of sales or
Fees payable on
Sales
purchase of taxable
registration
1,00,000
10,000
100
Others
5,00,000
10,000
100
If the dealers turnover is less than the above threshold, then they are not liable to collect and
pay VAT. However, if a dealer wishes to avail the benefits of being a registered dealer, then
they may apply for voluntary registration by paying a fee of Rs.5,000/ -.
The effective date of registration, that is, the date front which a dealer may charge VAT on
sales; will depend on the date they first become liable to pay VAT. This date will be
determined as follows:
a) New businesses:
If a dealer is not registered because their annual turnover is less than the threshold; their
liability to account for VAT starts from the date they cross the threshold.
b) Existing businesses:
If a dealer took over an existing business that is registered for VAT, then they will be liable
to pay tax on sales from the date they took over the business.
c) Voluntary registration:
If a dealer is registered on a voluntary basis, then he will be liable to account for VAT from
the date shown on the certificate of registration.
d) Late registration:
If a dealers turnover has exceeded the appropriate threshold but they have applied late for
registration, then he can charge VAT on his sales only after they are registered, i.e., from the
date shown on the certificate of registration.
Certificate of registration
A dealer should prominently display the certificate and hologram, or a copy of the certificate
and hologram, at each place where they carry can on their business.
If a dealer has more than one place of business, then Sales Tax Office will provide them,
upon their request, one copy of the certificate of registration and hologram for each additional
place of business.
The certificate of registration and hologram is personal to the dealer to whom it is issued and
is non-transferable.
Changes to business circumstances
If, following dealer register, there are any amendments to the details they can be reported
while applying for registration, it must done within 60 days of the change, inform us in
writing.
A dealer will not need to make a fresh application for registration. However, the
communication to the Registering Authority concerned should be made within sixty days of
the change or occurrence of the event.
Cancellation of registration
A dealer will be liable to pay VAT while their registration is effective. If however, their
turnover falls below the threshold, he may choose to apply for cancellation of his registration.
However, he should continue to collect and pay VAT in the normal way until his registration
is formally cancelled. Alternatively, they may be allowed the registration to continue.
If a dealer:
A dealer must inform the Sales Tax Department within 30 days of the event. In case of
disposal or sale of business, their successor will need to apply for a fresh registration
certificate.
For cancellation of registration a dealer should submit form 103 which is available with the
local sales tax office. It can also be downloaded from the website
www.vat.maharashtra.gov.in
If the Sales Tax Department cancels the dealers registration, they must return the Certificate
of Registration
The cancellation of their certificate does not affect their liability to pay any tax, interest or
penalties in respect of any period prior to the date of cancellation of their registration.
When a dealer sell goods, the sale price is made up of two elements; the selling price of the
goods and the tax on the sale. The tax is payable to the State Government.
The tax payable on sales is to be calculated on the selling price. The tax paid on purchases
supported by a, valid tax invoice is generally available as set-off (input, tax credit) while
discharging the tax liability on sales.
Example
The following example shows how the VAT works through the chain from manufacturer to
retailer.
Company A buys iron ore and other consumables and manufactures stainless steel utensils;
Partnership firm B buys the utensils in bulk from Company A and polishes them;
shopkeeper C buys some of the utensils and purchases packing, material from vendor D,
packages them and sells the packed utensils for the public.
Particulars
Amount VAT
@
(Rs.)
4% (Rs.)
Company A
Cost of iron are and consumables
50,000
1,50,000
Value added
1,00,000
6000
(2000)
Net VAT amount to pay with the Return (Note: Tax invoice
issued by Company A will show sale price as Rs.1,50,000/- tax
as Rs.6,000/-. Therefore, the total invoice value will be
Rs.1,56,000/-)
2000
4000
Partnership B
Purchases unpolished stainless steel utensils.
1,50,000
1,80,000
Value added
30,000
7,200
(6,000)
1200
Shopkeeper C
Purchases polished stainless steel utensils
1,80,000
Packing material
5,000
Total Purchases
1,85,000
Sales
2,25,000
Value added
40,000
9,000
1,600
Vendor D
Tax paid costs
Nil
(The sale and purchase figures shown in the example are excluding tax)
The State Government received the tax in stages. The payments of tax were as follows:
Particulars
Amount (Rs.)
Suppliers of Company A
2,000
Company A
4,000
Partnership B
1,200
Shopkeeper C
1,600
Vendor D
200
Total
9,000
Thus, through a chain of tax on sale price and set off on purchase price, the cascading impact
of tax is totally eliminated.
Since set-off of tax on purchases is given only on purchases from registered dealers where tax
is collected separately, dealers purchases from unregistered dealers, imports, inter-state
purchases and purchases from registered dealers without separate tax collection are not
entitled to set-off.
In practice, the tax is finally borne by the ultimate consumer, who is not a registered dealer, in
this case, people who buy utensils from the shopkeeper C.
Tax free goods do not attract tax at any stage of sale or in any type of transaction, whereas,
exempted sales are certain types of transactions, viz., export sales which are exempt from tax.
Composition schemes
Certain dealers may find it difficult to keep detailed records for claiming set-off. For such
dealers, a simpler and optional method of accounting for VAT has been introduced. This
method is the composition scheme. It may be noted that composition scheme is not meant to
be a tax concession scheme but only a simplification of tax calculation and payment system.
The following classes of dealers are eligible for option to pay tax under composition:
Accordingly, if the dealer has opted for payment of tax liability under composition, the tax
liability has to be determined in terms of the guidelines given in the relevant Notification in
this regard. Apart from the terms and conditions governing each of the composition schemes,
the Notification explains the methodology for computation of turnover liable to tax and the
rate of composition payable.
A dealer can opt for the composition option at the beginning of the financial year and has to
continue to be a composition dealer at least till the end of that financial year. If dealer wishes
to switch, over to normal VAT, he can do so only at the beginning of the next financial year.
However, a new dealer can opt for composition at the time of registration.
In respect of works contract, the contractor can choose to discharge tax liability under
composition option. Moreover, such an option can be exercised by the contractor on contract
to contract basis.
In, order to calculate how much tax a dealer has to pay, he must, first determine his turnover
of sales and turnover of purchases. The second stage is to ascertain the amount of tax due for
payment.
The turnover of sales is the total of the amounts received or receivable (excluding VAT
charged separately) in respect, of the sale of goods, less the amount refunded to a purchaser
in respect of goods returned, within six months of the date of the sale.
Similarly, the turnover of purchases is the total of the amounts paid or payable (excluding
VAT charged separately) in respect of the purchase of goods less (the amounts repaid to
dealer in respect of goods they return, within six months of the date of purchase.
If the sale price, or the purchase price, of any goods is varied and either a credit note or a
debit note is issued, then the credit note or the debit note, as the case may be, should
Special cases
Auctioneers
If dealer is an auctioneer, then they must include in their turnover, the price of the goods they
auction for their principal
Hotels
There are special rules for hotels and other establishments that provide boarding and lodging
for an inclusive amount.
The rules provide a formula to enable them to calculate their turnover of sales for meals (food
and beverages) which they provide.
The supply of food in a restaurant also includes an element of service. But the full amount
charged is the sale price for the purposes of calculating turnover and tax.
Works contracts
VAT applies only to the sale of goods. Supply of services is not liable to VAT. Works
contracts are deemed sales where both, goods and services are provided in a transaction and
cannot be separated.
A works contract may involve the creation of immoveable property, e.g. a house, a factory or
a bridge. Some other examples of works contracts are photography, repairs & maintenance
etc.
To calculate the amount a dealer should include it in their turnover of sales, so that they may
deduct it from the total contract price, the
Alternatively, in lieu of the deductions as above, a dealer may choose to discharge the
liability arising on works contracts by referring to the table prescribed in the rules.
If the dealer finds that it is too complicated to calculate the deductions, then they may opt for
a composition scheme for any works contract.
The VAT law specifically excludes from value added tax all imports, exports and inter-state
transactions. These transactions are covered by the CST Act. Similarly, transactions that take
place outside Maharashtra are not within the scope of MVAT Act.
Hire purchase
Where there is a hire purchase agreement or an agreement for sale by installments, the date of
the sale is deemed to be the date of the delivery of goods. This is despite the fact that legal
ownership of the goods only passes to the buyer after payment of the final installment.
If the hire-purchase agreement specifies the interest component then in calculating the sales
price, dealer should disregard the interest component included in the agreement.
Calculating the amount of VAT due on sales
Dealer should also make some adjustments to the total turnover of sales to arrive at the
amount on which tax is due.
From the total sales one should deduct
the total of exports and inter-State sales.
the total of sales of goods that are tax free, and
branch / consignment transfers to locations in Maharashtra as well as other States.
the tax collected.
To calculate the tax due, dealer should start allocating their turnover of sales in the return
period (net of the above deductions) to the rates of tax they have been charged. They should
also ensure that the correct tax rates are applied. The information should be readily available
from their records. This gives the total of sales tax due.
Calculating the turnover of purchases
Records will provide the total figure, but they may not have paid VAT on all their purchases.
They must now deduct the total value of
imports from out of India.
inter-State purchases.
purchases of tax free goods.
direct purchases from exempted units under the Package Scheme of Incentives.
consignment transfers, and
local purchased from unregistered dealers.
local purchases from registered dealers not supported by tax invoice.
The resulting figure represents purchases against tax invoices from registered dealers.
Calculating the amount of set off due (VAT paid on purchases)
This is the next stage of tax calculation. At this stage VAT is charged on total purchases.
Dealer must, however, make some adjustments to this amount for, in certain cases, the full set
off of the VAT paid on purchases is not available.
Then a dealer must calculate the value of those items and deduct tax @ 4% of the
corresponding purchase price from the amount otherwise available for set off. (Not applicable
to PSI dealers other than the New Package Scheme of Incentives for Tourism Projects, 1999
and also to manufacturers of tax-free sugar or fabrics covered by Entry A 45 and where such
goods are sold in the course of export falling under section 5 of the CST Act, 1956).
Similarly, if the goods are stock transferred by way of branch / consignment transfer to a
place outside the State, deduct tax @ 4% (1 % in respect of goods covered by Schedule B) of
the corresponding purchase price from the amount otherwise available for set off.
If they have been used any goods (other than capital assets) as part of a works contract
for which they have been opted for payment composition @ 8% on the total contract
value, they must also deduct 36% of the amount from the set off otherwise available
(4% of purchase price in respect of construction contracts for which they have been
opted for payment of composition @ 5% on total contract value).
Where a dealers sales are less than 50 % of their gross receipts, then they can claim
set off only on those purchases of goods or packing materials effected in that year
where the corresponding goods are sold within six months of the date of purchase or
consigned within the said period to another State by way of stock transfers.
In respect of office equipment, furniture or fixtures which have been treated as capital
assets, a dealer should reduce set-off otherwise entitled by an amount equal to 4% of
the purchase price.
If a dealer is the retailer of liquor vendor and its actual sale prices are less than the
Maximum Retail Price, there is a special formula for calculating the amount of the
adjustment. Effectively this means that, if a dealer sells at 75% of the MRP then they
can claim set off only to the extent of 75% of the tax paid.
A dealer can not claim any set off for the tax paid on any purchases that remain unsold
on the date when business discontinues.
All this information should be available from their records, including tax invoices and bills or
cash memorandum they have issued, and the tax invoices they have received.
VAT is a self-assessment system and dealers are expected to make self assessment for a
given tax period and declare their VAT liability by filing returns. The returns have to be filed
in the prescribed form and by the specified dates. Further, they are also required to pay the
tax due as per the return filed.
In Maharashtra, return form is return-cum-chalan. As such, filing of returns along-with
payment of tax on or before the due date at the notified bank would be considered as
sufficient compliance. However, where any amount of tax including interest or penalty is due
as per a fresh or revised return, then they should first pay such amount in Government
Treasury and file the return in the local office of Sales Tax Department along with a self
attested copy of the chalan. If no payment is due or a refund is claimed as per the return, they
are also required to file the return in the local office of the Sales Tax Department.
Return forms
The return forms prescribed are as follows.
Form No. To Be Used By
221
All VAT dealers other than dealers executing works contract, dealers
engaged in leasing business, composition dealers (including dealers opting
for composition only for part of the activity of the business), PSI dealers and
notified Oil Companies.
222
223
224
225
A dealer can refer to the instructions given in the form before filling the return.
Please ensure that the return for a tax period covers all the transactions of sales, purchases,
branch transfers received, branch transfers made etc. Further, they must ensure that all the
columns of the return are duly filled in and are clearly legible. If a particular column is not
relevant, please do not leave it blank but mention" not applicable". The return filed by them
must be correct, complete and self-consistent.
Retailers who have opted for composition should file six-monthly returns.
Newly registered dealers should file quarterly returns until the end of the year in
which they first register.
All package scheme dealers should file quarterly returns.
All other dealers should file returns as given below :o Dealers whose tax liability in the previous year was less than Rs.1,OO,OOOj(Rs.1lakh) or whose entitlement for refund was less than Rs.10,OO,OOOj(Rs.10lakh) should file six-monthly returns.
o Dealers whose tax liability in the previous year was more. than Rs.10,00,000(Rs.10lakh) or whose entitlement for refund was more than Rs.l,00,00,000(Rs1crore) should file monthly returns.
o All other dealers should file quarterly returns.
Return Frequency
Monthly
Quarterly
Six Monthly
At the same time, as the department issues the defect notice, dealers will be sent a 'show
cause' notice, explaining that a penalty may be imposed.
VALUATION IN CUSTOMS
Definitions:
Import with its grammatical variations and cognate expressions, means bringing into
India from a place outside India - 2(23)
imported goods means any goods brought into India from a place outside India but does
not include goods which have been cleared for home consumption 2(25)
Indian Customs Waters means the waters extending into the sea upto the limit of
contiguous zone of India under section 5 of the Territorial Waters Continental Shelf,
Exclusive Economic Zone and other Maritime Zones Act, 1976 and includes any bay,
gulf, harbour, creek or tidal river 2(28) jurisdiction of the Act
Goods includes- (a) vessels, aircrafts and vehicles; (b) stores; (c) baggage; (d)
currency and negotiable instruments; and (e) any other kind of movable property 2(22)
Section 12. Dutiable goods- (1) Except as otherwise provided in this Act, or any law for
the time being in force, duties of customs shall be levied at such rates as may be specified
under the Customs Tariff Act, 1975 or any other law for the time being in force, on goods
imported into, or exported from, India
"identical goods" means imported goodso 1.which are same in all respects, including physical characteristics, quality and
reputation as the goods being valued except for minor differences in appearance
that do not affect the value of the goods;
o 2.produced in the country in which the goods being valued were produced; and
o 3.produced by the same person who produced the goods, or where no such goods
are available, goods produced by a different person, but shall not include imported
goods where engineering, development work, art work, design work, plan or
sketch undertaken in India were completed directly or indirectly by the buyer on
these imported goods free of charge or at a reduced cost for use in connection with
the production and sale for export of these imported goods;
"similar goods" means imported goods
o 1.which although not alike in all respects, have like characteristics and like
component materials which enable them to perform the same functions and to be
commercially interchangeable with the goods being valued having regard to the
quality, reputation and the existence of trade mark;
o 2.produced in the country in which the goods being valued were produced; and
o 3.produced by the same person who produced the goods being valued, or where
no such goods are available, goods produced by a different person, but shall not
include imported goods where engineering, development work, art work, design
work, plan or sketch undertaken in India were completed directly or indirectly by
the buyer on these imported goods free of charge or at a reduced cost for use in
connection with the production and sale for export of these imported goods;
"related persons " meanso 1. they are officers or directors of one another's businesses;
o 2. they are legally recognised partners in business;
o 3.they are employer and employee;
o 4.any person directly or indirectly owns, controls or holds 5 per cent or more of
the outstanding voting stock or shares of both of them;
o
o
o
o
India is presently following the provisions of the WTO Agreement on Customs Valuation
(ACV) for determination of value on imported goods where Customs duty is levied with
reference to value (ad-valorem rates). However, this does not apply to cases where tariff
values have been fixed .
India is a founding Member of the GATT (presently WTO) and was actively involved in the
GATT negotiations (Tokyo Round, 1973-79), which developed the Agreement on Customs
Valuation (ACV). India implemented the ACV in August 1988.
Legal provisions
Section 2(41) of the Customs Act, 1962 defines Value in relation to any goods to mean the
value thereof determined in accordance with Section 14 (1).
Section 14 (1) in turn, states that when a duty of customs is chargeable on any goods by
reference to their value, the value of such goods shall be deemed to be:-"The price at which
such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of
importation or exportation, as the case may be, in the course of international trade, where the
seller and the buyer have no interest in the business of each other and the price is the sole
consideration for the sale or offer for sale".The provisions Section 14 (1) apply for the
valuation of both imported goods and export goods.
However, a common valuation law at international level applies only to imported goods and
its basic principles are laid down in Article VII of General Agreement on Tariffs and Trade
(GATT), 1948, currently administered by the World Trade organization, WTO. The Indian
valuation law under Section 14(1) of the Indian Customs Act is based on the principles of
Article VII of the GATT. The Agreement on Customs Valuation (ACV), which came into
force on 1st January 1981, lays down well defined methods of valuation to be strictly
followed so as to ensure uniformity and certainty in valuation approach and to avoid
arbitrariness.
Section 14 - (1) For the purposes of the Customs Tariff Act, 1975 , or any other law for the
time being in force, the value of the imported goods and export goods shall be the transaction
value of such goods, that is to say, the price actually paid or payable for the goods when sold
for export to India for delivery at the time and place of importation or as the case may be , for
export from India for delivery at the time and place of exportation,where the buyer and seller
of goods are not related and price is the sole consideration for the sale subject to conditions
as may be specified in the rules made in this behalf
Provided that such transaction value shall include, in addition to the price, any amount paid
or payable for costs and services, including commissions and brokerage, engineering, design
work, royalties and licence fees, costs of transportation to the place of importation, insurance,
loading, unloading and handling charges to the extent and in the manner specified in the rules
in this behalfProvided further that the rules in this behalf may provide for:
The circumstances in which the buyer and seller are deemed to be relatedThe manner of
determination of value when there is no sale or the buyer and seller are related or price is not
the sole consideration for sale or in any other case, the manner and acceptance or rejection of
value declared by the importer or exporter , where the proper officer has reason to doubt the
truth and accuracy of of such value, and determination of value for the purpose of this
section.
Provided also that such price shall be calculated with reference to the rate of exchanges as in
force onthe date on which a bill of entry is presented under section 46, or a shipping bill or
bill of export, as the case may be, is presented under section 50;
Explanation - For the purposes of this section-(a) "rate of exchange" means the rate of
exchange-(i) determined by the Board , or(ii) ascertained in such manner as the Board may
direct, for theconversion of Indian currency into foreign currency of foreign currency into
Indian currency;(b) foreign currency" and "Indian currency" have the meanings respectively
assigned to them in the Foreign Exchange Management Act, 1999 .
The Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 lays down
the methods of valuation based on the ACV. Transaction value, which is the price paid or
payable for the imported goods, is the primary basis for valuation. If the transaction value
method is not applicable in a specific case, the other methods of valuation prescribed in the
Rules (based on ACV) have to be followed in a hierarchical order, subject to certain
exceptions . Under the Customs Act, 1962, the Central Government has also been empowered
to fix Tariff Values under provisions of Section 14(2) for any product. If Tariff Value is fixed
for any goods, then ad-valorem duties are to be calculated with reference to such Tariff Value.
The tariff values may be fixed for any class of imported or export goods having regard to the
trend of value of such or like goods and the same has to be notified in the official gazette.
This measure is resorted to only in rare cases where the price fluctuations in the market are
rampant having significant economic impact.
The Customs Valuation Rules, 1988, lays down methods for the valuation of imported goods.
The primary basis for valuation is the "Transaction Value". In certain situations, the Customs
authorities could reject the declared value (transaction value method), if the truth or accuracy
of the declaration is reasonably suspected . In all such cases where the transaction value
method is not applied, goods shall be valued by applying the subsequent methods in a strictly
hierarchical. In order to enable the Customs to determine the value by application of the
most appropriate method, the importer is required to truthfully declare the full particulars
concerning the goods under import. These include full description and specifications of the
goods, basis of valuation applied, relationship with the supplier, conditions and restrictions if
any attached with the sale, elements of cost not included in the invoice price, royalty and
license fee payable in relation to the imported goods, etc. These details are to be declared in
a special Valuation Declaration Format designed for the purpose.
Non-dutiable Factors:
The following charges are not to be added for the purposes of determining the Customs value
provided they are clearly distinguishable and separately declared in the commercial invoice:-
Buying commission:
Interest charges for deferred payment;
Post-importation charges (e.g. inland transportation charges, installation or erection
charges, etc.);
Duties and taxes payable in India.
The sale is in the ordinary course of trade under fully competitive conditions;
The sale does not involve any abnormal discount or reduction from the ordinary
competitive price;
The sale does not involve special discounts limited to exclusive agents;
There are no restrictions concerning the disposition or use of the goods by the buyer .
The sale or price is not subject to some condition or consideration;
No part of the proceeds of the goods (by resale, disposal or use) after importation accrues
to the seller;
Buyer and seller are not related, and if related, the relationship should not have influenced
the price.
The transaction value method cannot be applied in cases where the buyer and seller are
related and the relationship has influenced the price.
In such cases the burden of proof shifts to the importer, who should satisfy the Customs
that the declared price closely approximates to the test values.
If the importer fails to discharge this responsibility, the declared value could be rejected
and valuation done under any of the subsequent methods applied in hierarchical order.
The computed value is arrived at from the cost of materials used in production of imported
goods, cost of fabrication or other processing charges at the country of production, profit and
general expenses, and other dutiable factors .
(5) Valuation Under Rule 10 A
Rule 10 A provides a unique procedure for rejection of transaction value method in cases of
suspected valuation fraud. The Authority for this Rule from a decision by the WTO Valuation
Committee . This applies to cases where there is reason to doubt the truth or accuracy of the
value declared by the importer, but there is no evidence with the Customs to establish
fraud.Rule 10 A came as a results of Uruguay Round negotiations (which led to the
establishment of World Trade Organization (WTO) in 1994) based on an Indian proposal. The
Indian proposal was to provide adequate flexibility in the Valuation Agreement to deal with
cases of suspected fraud, particularly those where the declared value was far below a series of
contemporaneous transactions.In such cases the Customs could ask the importer to produce
additional information and evidence to justify the declared value. If the information/
documents produced are not adequate to dispel the doubt regarding the truth or accuracy of
the declaration or if the importer fails to produce any supporting evidence, the Customs could
reject the declared value. An appealable order should be issued in such cases after giving the
importer a reasonable opportunity to be heard. The goods should then be valued by applying
any of the subsequent methods as laid down in the Valuation Rules. In short, Rule 10 A
provides only an authority to reject the declared value and is not a method of valuation by
itself.
The Tata Iron & Steel Co.vs CCE.AIR 2003 SC 144
Facts :Under the Essential Commodities Act the Government of India set up a Joint Plant
Committee (JPA) and a Steel Priority Committee (SPC) for determining , prices (base prices
as well as extras) from time to time of all categories of iron or steel as ex-works prices. The
Committee added an element to the ex- works prices for constituting a fund for
modernisation, research and development with the object of ensuring the production of iron
and steel in the desired categories and grades by the main steel plants. Pursuant to the orders
of the committee , the steel companies started adding element to their ex-works price for
the fund. However while declaring value of their goods, the steel companies did not add these
ex-works elements for the purpose of asessment of excise duty. The revenue claimed that
excise is payable even on this component as total value of goods is relevant for assessment of
excise duty an whatever is added to ex- works prices will the value for calculation of excise
duties.
The questions for consideration.
(i) Whether the elements required to be added by the members steel plants, as per the decision
of the Committee , are admissible deductions under Section 4(4)(d)(ii) of the Central Excise
Act i.e. whether they fall within the definition of the term "other taxes" and
(ii) whether such addition, which is a compulsory impost, can be considered and be price on
which excise duty is payable by the parties.
Contention of TISCO
(i) Iron or Steel Companies have to compulsory add this element to the ex-works price and
as such it is a compulsory exaction. Such compulsory exaction is in the nature of "tax" and is
covered by the words "other taxes" in Section 4(4)(d)(ii) of the Central Excise Act
Reasoning of the Court:
Section 4 of the Central Excise Act states that where the duty of excise is chargeable on any
excisable goods with reference to value, such value shall, subject to the other provisions of
this section, be deemed to be
(a) the normal price thereof, that is to say, the price at which such goods are ordinarily sold
by the assessee to a buyer in the course of trade for delivery at the time and place of removal,
where the buyer is not a related person and the price is the sole consideration for the sale:
(d) "value" in relation to any excisable goods,(ii) does not include the amount of the duty of excise, sales tax and other taxes, if any, paid or
payable on such goods
Thus excise duty is chargeable on the value of the goods. The value is the normal price i.e.
the price at which such goods are ordinarily sold by the assessee to a buyer, where the buyer
is not a related person and the price is the sole consideration for sale. From the price at which
the assessee sells to the buyer the only deductions permissible are those under sub-clause 4(d)
(ii) i.e. excise, sales tax and other taxes. It is clear that extra elements added to ex- works
price of steel is not an excise duty or a sales tax. The only question is whether it would fall
within the meaning of the term "other taxes".
Case laws
In D. G. Gose and Co. v. State of Kerala (1980) 2 SCC 410.the question was regarding the
validity of tax imposed by the Kerala State on buildings by virtue of the Kerala Building Tax
Act. The validity of this Act was challenged, inter alia, on the ground that this was the tax on
the capital value and assessee of an individual or a Company and therefore fell within the
scope of Entry 86 of the Union List and not under Entry 49 of the State List. Therefore the
State did not have the statutory authority to impose such a tax. The Court held as follows: "
The word 'tax' in its widest sense includes all money raised by taxation. It therefore includes
taxes levied by the Central and the State legislatures, and also those known as 'rates", or other
charges, levied by local authorities under statutory powers. Taxation" has therefore been
defined in clause (28) of Article 366 of the Constitution to include "the imposition of any tax
or impost, whether general or local or special", and it has been directed that "tax" shall be
"construed accordingly". Thus it is to be seen that even though the term "tax" has been given
a wide interpretation to include all monies raised, the levy still has to be by the Central or
State legislatures or by some statutory authority.
In CCE v. KisanSahkariChinni Mills Ltd. 2001 (132) ELT 523 (S.C.)- State of Uttar Pradesh
enacted a legislation called Uttar Pradesh SheeraNiyantaranAdhiniyam . This Act regulated
storage, gradation, price, supply and distribution, in Uttar Pradesh, of molasses produced by
the sugar factories. The Act provided that sugar factories would be liable to pay to the State
Government administrative charges . These administrative charges were based on the quantity
of molasses sold and supplied by the sugar factories. The Act enabled the factories to recover
these charges from the person to whom the molasses were sold. The question before the
Court was whether this compulsory exaction fell within the term "other taxes" in Section 4(4)
(d)(ii) of the Central Excise Act. It was held as follows: "Under Section 4(4)(d)(ii) of the
Central Excise Act what is to be excluded from the assessable value is the amount of duty of
excise, sales tax and "other taxes". Taxes, as such, are not defined in the Central Excise Act.
If the expression "tax" is to be understood in the absence of any definition, it would certainly
cover any levy. Since the imposition was under a statute enacted by the State of Uttar
Pradesh the levy was by the State. It was thus held that that levy fell within the definition of
the term "other taxes". In the present case there is no backing of any statutory provision for
the creation of these funds. Further the levy was only on main steel plants and the fund was
created for the utilization by these member steel plants only. Also to be noted that even
though the Essential Commodities Act empowers regulation of price, it does not empower
imposition of any taxes. The addition of an element to the ex- works price has no statutory
backing or force. It is not by the Central Government or the State Government or any local
authority. It is a levy by a Committee majority of whose members are representatives of the
steel plants. The purpose of creating funds is for the benefit of these member steel plants.
Such a levy, even though, it may be compulsory can never be "tax".
In C.I.T. v. Tollygunge Club Ltd. (1977) 2 SCC 790- the question was whether a surcharge
collected by the assessee Club from all race goers but which had been earmarked for charity
could be deemed to be an income of the assessee and therefore includible in the taxable
income of the assessee. It was held that income tax was a tax on income. It was held that
"income" is what reaches the assessee and that it is that income which is intended to be
charged to tax under the Income Tax Act. Every receipt by the assessee is not necessarily
income in his hands. The surcharge collected by the assessee was for the purposes of being
paid over to local charities. This surcharge was clearly impressed with an obligation in the
nature of trust for being applied for the benefit of charities. Therefore it was held that this
surcharge was diverted before it reached the hands of the assessee and did not become part of
the income of the assessee and such a surcharge would therefore not be regarded as income
assessable to tax.
In C.I.T. v. Bijli Cotton Mills (1979) 1 SCC 496- The question was whether certain amounts
realized by the assessee on account of Charity in addition to the price from his customers
could be stated to be income in the hands of the assessee which were assessable to income
tax. It was held that the amount was being collected for purposes of giving to charities and
were held by the assessee under an obligation to spend them for charitable purposes.
Therefore it did not form income of the assessee. These amounts were not part of the price of
the goods but were payments for specific purpose of being spent on charitable purposes.
It was submitted by TISCO that all the abovementioned cases clearly show that when there
is a compulsory impost or exaction, the assessee has to collect but the assessee cannot retain
for himself and he has to pass on the same, then such a compulsory exaction cannot be
included in the value for purposes of assessing excise duty. Such imposts cannot be deemed
to be price. What was being levied was an element to the ex-works price and the price for
purpose of assessment of duty remained the ex-works price. The Companies sold to the
customers at the ex-works price. The additional amount was merely collected by the
Companies for and on behalf of JPC and the companies did not retain this amount. Therefore
this element could not be considered to be price. Therefore the price which the buyer pays is
the price on which excise duty is leviable. From the price that the buyer pays, the only
deductions allowed are taxes paid or payable on such goods. The levy in the present case is
not a "tax" and does not fall within the meaning of the term "other taxes". This element
cannot be deducted from the assessable value of the goods. Countering this the revenue
submitted that the principles under the Income Tax Act cannot be made applicable to the
Central Excise Act. Under the Income Tax Act what is taxable is the actual income received
by the assessee for his own benefit. Under the Central Excise Act excise duty is chargeable on
the value of the goods. This value is the price at which the goods are ordinarily sold by the
assessee to the buyer. The element which has been added is an "element of price". This
element could only have been added as price because the JPC is established by virtue of the
order based on the Essential Commodities Act and under that Act there was no power to
make any levy or impose any tax on a purchaser. The addition being an element of price it has
to be included in the assessable value for purposes of excise duty.
Decision of the Court.
Principles on which "income" is to be determined under the Income Tax Act cannot apply
when determining "value" for purposes of Excise Duty. Under the Income Tax Act, tax is
payable on income which reaches the assessee. On the other hand, Section 4 of the Excise
Act shows that excise is payable on the price at which goods are ordinarily sold to the buyer.
Thus the principles on which Bijli Cottons Mills' case and Tollygunge Club's case were
decided would not be appropriate and would not apply for deciding "value" for the purposes
of the Excise Act. In Hindustan Sugar Mills v. State of Rajasthan. (1978) 4 SCC 271- The
question was whether the assessee was liable to pay Sales Tax on the amount of railway
freight collected by them from the purchaser. It was held that the assessee was bound to pay
Sales Tax on such amounts.
In E.I.D. Parry (I) Ltd. v. Asst. Commissioner of Commercial Taxes (2000) 2 SCC 321- it was
held that the purchase price is the total amount of consideration for the purchase of goods.
This would include price and also other amounts payable by the purchaser. These cases have
been decided under the Sales Tax Act,but the principles for computing value for purposes of
Sales Tax are similar to those of computing value for purposes of Excise Duty. It is these
principles which would apply. What has been added is an "element of price". The JPC could
not have made any compulsory exaction from the purchaser. They could only regulate prices
by adding elements to the ex-works price. In other words the ex-works price could be
increased by adding an element to it. Thus what was being added was to the price. Another
aspect to be kept in mind is ultimate beneficiaries of these amounts are the steel plants
themselves.Therefore while assessing excise duty,such levy cannot be exempted as taxes .In
this view of the matter the appeal of TISCO is dismissed.
Burn Standard Company Ltd. vs Union Of India 1991 SCR (2) 960
Facts:-Appellant Burn Standard Company Limited, manufactured wagons for supply
primarily to the Railway Board. The wagons are manufactured in accordance with the
specifications, terms and conditions contained in the agreements entered between the
appellant and the Railway Board from time to time. The Railway Board supplies wheel- sets,
axle boxes and various other finished components of wagons to the appellant which are
termed as "free supply items". These items are not manufactured by the appellant. The
readymade "free supply items" are made available to the appellant by the Railway Board
without charging any price. There items are fitted in the wagons manufactured by the
appellant and are ultimately supplied to the Railway Board. The invoice-value of the wagon
charged by the appellant from the Railway Board does not include the value of the "free
supply items". The central excise authorities issued various show cause notices in respect of
different transactions calling upon the appellant to show cause as to why the excise duty be
not computed and charged on the value of the completed wagon including that of the "Free
supply items". The appellant challenged the show cause notices by way of writ petition
before the Calcutta High Court. The Court allowed the writ petition and quashed the demand
raised by the central excise authorities. The Court came to the conclusion that the excise duty
could only be charged on the basis of the invoice-value under the contract based on the
following reasoning: "There is no dispute that certain items of finished components are
supplied by the Railway Board to the petitioner. The value of these items is not taken into
consideration in fixing the price of the wagons sold by the petitioner to the Railway Board.
The price of the completed wagons is calculated on the basis of the manufacturing cost of the
petitioner including the price of components acquired by the petitioner for which the
petitioner has actually to pay the price. But the components which are supplied free of cost by
the Railway Board do not enter into the pricing mechanism of the petitioner at all. Therefore,
the excise value of the wagons manufactured by the petitioner cannot be calculated after
adding back the price of the components supplied free of cost by the Railway Board."
However on appeal by the Union of India, a Division Bench of the High Court set aside
judgment of the single judge and allowed the appeal in the following words: "Admittedly, in
this case, the cost of wagon as a whole has not been mentioned in the agreement . But
normal price should include cost of construction and furthermore, whenthe sale means
actual price of the goods viz. wagon as a whole, so the value of a wagon as a whole, will
form part of the relevant and necessary assessable value under section 4 of the Excise Act, as
the manufacturing cost of a complete wagon cannot be conceived of without taking into
account or consideration the cost of free supply items ......
Therefore the valuation cost of the free supply items should be included in the manufacturing
cost of wagons. Section 4(1)(a) of the Excise Act applies in this case and as such, the
valuation of excisable goods will be charged or will take place when manufacture takes place.
While determining the valuation of wagons for charging the duty, the Revenue Authorities
had acted duly and with justification, in adding the cost of free supply items under the
provisions of the Act , the more so when, under the agreement in this case, the said
petitioners were and are required to manufacture and supply completed wagons, in which the
free supply items were and are required to be fixed at the time of manufacture. There cannot
be any doubt that without fixing the free supply items, the production and manufacture of a
wagon would not be effectively completed. The manufacture of a complete wagon thus takes
place as soon as or as and when the free supply items are fitted and fixed by the said
petitioners and with such manufacture, the process of manufacture would be complete under
section 2(f) of the Excise Act and the liability to duty will also be attracted. We hold that the
value of the manufactured goods must be determined at the factory gate i.e. at the stage when
the manufactured goods here in this case wagons, leave the factory." The Burn standard
Company has come in appeal against the judgment of the high court. On the basis of above
facts, the question for determination is whether the excise duty under Section 3 and 4 of the
Central Excises and Salt Act, is to be charged on the invoice-value of the wagon or on the
value of completed wagon including that of the "free supply items".
Relevant statutory Provisions:
Section 3 of the Central Excise Act states that: Duties specified in the First Schedule to be
levied(1) There shall be levied and collected in such manner as may be prescribed duties of excise
on all excisable goods other than salt which are produced or manufactured in (India)
Section 4 states that:Valuation of excisable goods for purposes of charging of duty of excise.(1) Where under this Act, the duty of excise is chargeable on any excisable goods with
reference to value, such value shall, subject to the other provisions of this section, be deemed
to be(a) the price at which such goods are ordinarily sold by the assessee to a buyer in the course
of trade for delivery at the time and place of removal, where the buyer is not a related person
and the price is the sole consideration for the sale:
Reasoning of the Court
Section 3 of the Act provides for levy of the duty of excise. It is a levy on goods produced or
manufactured in India. Section 4 of the Act lays down the measure by reference to which the
duty of excise is to be assessed. The duty of excise is linked and chargeable with reference to
the value of the excisable goods and the value is further defined in express terms by the said
section. In every case the fundamental criterion for computing the value of an excisable
article is the normal price at which the excisable article is sold or is capable of being sold by
the manufacturer. It is not disputed that the appellants are manufacturers of wagons. What
comes down from the assembly-line of the appellant's factory is a complete wagon and as
such the appellant being manufacturer of wagons, is liable to pay duty of excise on the value
of a complete wagon. The "free supply items" like wheel-sets etc. in the process of
manufacturing become part of the complete wagon and loose their identity. It hardly matters
how and in what manner the components of the wagon are procured by the manufacturer, so
long as the appellant is manufacturing and producing the goods called "wagons" it is liable to
pay duty of excise on the normal value of the wagon.For the purpose of excise duty ,
ownership of the goods is irrelevant.In Empire Industries Limited and Others v. Union of
India and Others, [1985] 3 S.C.C. 314 while interpreting Sections 3 and 4 of the Act , the
supreme Court held that: "The fact that the petitioners are not the owners of the end product
LTD.
Versus
COMMISSIONER
OF
Case Notes :Goods (Customs) - Drawings and designs - All tangible movable articles are goods for charge
of customs duties under Section 12 read with Section 2(22)(e) of Customs Act, 1962,
irrespective of what the articles may be or may contain - It may be that what the importer
wanted and paid for was technical advice or information technology, an intangible asset, but
the moment the information or advice was put on a media, whether paper or cassettes or
diskettes or any other thing, that what is supplied becomes chattel - Drawings, designs,
manuals and technical material are goods liable to customs duty
Valuation (Customs) - Drawings, designs and technical material - Intellectual property when
put on a media is to be regarded as an article on the total transaction value of which customs
duty is payable - There is no scope for splitting the engineering drawing or the encyclopaedia
into intellectual input on the one hand and the paper on which it is scribed on the other - The
concept of transaction value is quite different from classic concept of price of goods and is
based on GATT protocol and WTO agreement introduced through Customs Valuation
(Determination of Price of Imported Goods) Rules, 1988 framed under Section 14 of
Customs Act, 1962.