input tax credit

Innocent purchaser cannot be disallowed Input Tax Credit (ITC) for non payment of tax by seller-Landmark Judgement by P&H HC

The Common issue involved in these writ petitions was with regard to denial of Input Tax Credit by the Assessing Authority on the ground that the dealers from whom the petitioners have purchased goods, have not deposited full tax in the State Treasury. The purchasers-petitioners have not been held entitled for deduction of Input Tax Credit in terms of the provisions of Section 8(3) of the Haryana Value Added Tax Act, 2003.
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VAT updates on notifications and circulars issued during the month of June 2010 in the States of –Chhattisgarh, Gujarat, Kerala, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal

Compulsorily filing of E return. With effect from 1 July, 2010, a registered dealer whose gross annual turnover exceeds Rs 40 lakhs, is now required to file the return electronically. Penalty for Non/late submission of return/annual return. With effect from 1 July, 2010, if a company registered under Companies Act, 1956 fails to file return/annual return on due date then the commissioner can impose penalty not exceeding Rs 5000/-.
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GST – Department Of Revenue Vis A Vis Empowered Committee Report

Twofold GST: A dual GST with defined functions and responsibilities of the Centre and the States is recommended. An appropriate mechanism that will be binding on both the Centre and the States should be worked out whereby the harmonious rate structure along with the need for further modification could be upheld, if necessary with a collectively agreed Constitutional Amendment.
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Summary of comments made by Department of Revenue on First Discussion Paper on Goods and Service Tax (GST)

Department of Revenue has agreed to most of the recommendations put forward by Empowered committee in FDP on GST relating to harmonious structure of rate, taxation base, exemptions, chargeability, definition of taxable event, taxable person, valuation, classification etc.However, there are certain areas where Department of Revenue has suggested changes or deviated from FDP. The said areas of differences are discussed below:
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Alcohol will not be out of GST

The Centre has turned down the proposal of the empowered group of state finance ministers to keep alcohol out of goods and services tax. The government has in fact suggested that both alcohol and tobacco, which are demerit goods and considered harmful for health, should be kept under GST, with the states getting the power to levy excise duty over and above GST on alcohol. The Centre would have the same power in case of tobacco.
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Good transactions under Goods and Services Tax

The indirect tax regime in India is evolving into GST in the year 2010. The steps towards introduction of GST have commenced. The Empowered Committee of State Finance Ministers has introduced the First Discussion Paper on GST in India on November 10, 2009. A dual structure of Central GST (CGST) and State GST (SGST) is proposed to be imposed on the manufacture of goods and on provision of services.
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White Paper on GST

GST has been the preferred mode of taxation of goods and services and has been introduced in more than 140 countries. Most countries have single GST rate, however some countries like Canada & Brazil has dual GST structure. White paper proposes dual structure for GST in India. Standard GST rate in most countries vary between 15-25%.
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Major highlights of draft guideline on Goods and service tax

1. Central and state GST will apply on all transaction of goods and services.2. Tax paid as central GST will be allowed to taken as input tax credit.3. State GST will also be allowed to be taken as input tax credit.
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