Unit 4 LAB Fair
Unit 4 LAB Fair
Tax Planning
Tax planning can be defined as an arrangement of one’s financial and economic
affairs by taking complete legitimate benefit of all deductions, exemptions, allowances
and rebates so that tax liability reduces to minimum.
Direct Taxes
Direct taxes are those which a person pays directly from his income, wealth, or
estate. It is paid after the income or benefit reaches the han1ds of the person, which are
Income tax, wealth tax, corporate tax and gift tax.
Indirect Taxes
Which are not directly charged from the persons, which are collected in the form
of excise duty, customs duty and sales tax.
Taxable Turnover
It means the turnover on which a dealer shall be liable to pay tax as determined
after making such deductions from his total turnover and in such manner as may be
prescribed.
Tax Avoidance
Tax avoidance is reducing or negating tax liability in legally permissible ways and
has legal sanction. Tax avoidance is sound law and certainly not bad morality for
anybody to so arrange his affairs in such a way that the brunt of taxation is the minimum.
This can be done within the legal framework even by taking help of loopholes in the law.
Tax Evasion
All methods by which tax liability is illegally avoided are termed as tax evasion.
Tax evasion may involve an untrue statement knowingly, submitting misleading
documents, suppression of facts, not maintaining proper accounts of income earned (if
required under law), omission of material facts on assessment.
ILLEGAL LEGAL
Advance tax
Tax evasion No tax planning Basic tax planning
planning
Tax bills reduced by Tax bills reduced by
5%-20% 50% – 100%
a) Short Term Tax Planning: Short range Tax Planning means the planning thought
of and executed at the end of the income year to reduce taxable income in a legal way.
b) Long Term Tax Planning: Long range tax planning means a plan at the beginning
or the income year to be followed around the year. This type of planning does not help
immediately as in the case of short range planning but is likely to help in the long run ;
c) Permissive Tax Planning : Permissive Tax Planning means making plans which
are permissible under different provisions of the law, such as Planning of taking
advantage of different incentives and deductions, planning for availing different tax
concessions etc.
d) Purposive Tax Planning: It means making plans with specific purpose to ensure
the availability of maximum benefits to the assessee through correct selection of
investment, making suitable programme for replacement of assets, varying the residential
status and diversifying business activities and income etc.
(4) Advanced tax planning: Historically this has really only been available to the richest
entrepreneurs. Indeed it has helped them become even richer as it can reduce tax bills by 50% to
100%. In recent years this has changed, and now all good accountants (including One
Accounting) can access a range of advanced tax planning solutions on behalf of their clients.
Central Sales Tax Act 1956 (CST Act 1956)
Central Sales Tax (CST): It a tax on Inter-state sale of goods, where the buyer and seller
are in different state. CST will be chargeable under the CST Act, 1956 passed by Central
Govt. in parliament.
Scope of CST
1. To regulate or determine the sales in case of interstate trade or commerce
2. To levy tax on sale of goods in the course of Inter-state trade
3. To declare certain goods to be of special importance in the course of Inter-state
trade.
4. To specify the restrictions and conditions in respect of Inter-state trade
Sale
Sale means transfer of property in goods by one person to another in the course of
business for cash, deferred payment or other valuable consideration and includes:
Transfer of property in goods
Work contract
Hire purchase
Right to use
Supply of goods by unincorporated association
Supply of food as part of any service
Dealer: Any person carrying on the business of buying, selling or distributing goods
directly or indirectly for cash, deferred payment, commission or any remuneration.
Business: Any trade, commerce or manufacture with or without a profit motive
Sale: Transfer of property from one person to another for a valuable consideration.
Goods: All materials, articles, commodities except newspapers, shares, money,
claims
Rate: As prescribed in the Act.
6. The rules regarding submission of returns, payment of tax, appeals etc. are not
given in the act. For this purpose, the rules followed by a state in respect of its
own sales tax law shall be followed for purpose of this act also.
7. Even though the central sales tax has been framed by the central government but,
the state governments are allowed to frame such rules, subject to such notification
and alteration as it deem fit.
Scope of CST
1. To regulate or determine the sales in case of interstate trade or commerce
2. To levy tax on sale of goods in the course of Inter-state trade
3. To declare certain goods to be of special importance in the course of Inter-state
trade
4. To specify the restrictions and conditions in respect of Inter-state trade
Principles for determining Inter-State Sales Tax
The Sale or purchase
Occasions the movement of goods from one state to another or
Is effected by a transfer of documents to the title of goods during the movement
of goods from one state to another
Exceptions to CST
Sale of electric energy
Sale to an exporter for the purpose of export (penultimate sale)
Subsequent sale:
a) To registered Dealer or b) To Govt.
Types of Goods
Declared goods or goods of special importance: These are goods mentioned U/S
14 of CST (e.g.. Cereals, Coal, Cotton etc)
Undeclared goods
Central Sales Tax rates
Types of goods Sale to Govt. Sale to regd. dealer Sale to un regd. dealer
Declared goods 0% or State sales tax 0% or State sales tax rate, TWICE the general sales
rate, whichever is whichever is lower. Form: C tax rate. (8%)
lower. Form: D
Undeclared goods 5% - 28 % 5% - 28 % 5% - 28 % or sales tax
whichever is less
Penalties
Penalties in the form of prosecution/ fine U/S 10
Penalties in lieu of prosecution U/S 10
Seller or buyer: Imprisonment of 6 months or fine
Purchaser: Fine up to 1 ½ times the tax
Forms
Form C: The sale is from one registered dealer to another registered dealer
Form D: The sale is from one registered dealer to the Government
Form E-I: This form is filled by the dealer who affects the first sale under the
Inter-State trade or commerce.
Form E-II: This form is filled by the dealer who affects the subsequent sale
under inter–state trade or commerce.
Incidence of CST
CST will be imposed/ levied on Inter-state sale of goods. It means a sale of goods
shall be taken place in the course of Inter-state trade of commerce.
Example 1: (Case I)
Here, dealer to delivery from TISCO factory (Bihar) as per delivery order after
payment. This process is an Inter-state trade.
Here, ‘A’ (Seller) sends goods to ‘B’ to the state Andhra Pradesh, if goods moved
from Tamilnadu to Andhra Pradesh by booking the goods in the name of ‘B’ is an Inter-
state sale.
Here, ‘A’ (Seller) agrees to sell goods to ‘B’, but goods are booked by ‘A’ from
the state Tamilnadu and send to Andhra Pradesh in his own name. Agent of ‘A’ receives
the goods in the state Andhra Pradesh and supplied to ‘B’. In is an Intra-state sale not an
Inter-state sale
Example 4: (Case IV): If ‘B’ comes to State Tamilnadu and purchases the goods from
‘A’ and takes the goods to the state on his own name, it is also an Intra-state sale.
Document of title of goods: When the goods are handed over to carrier, the
carrier gives a receipt to the seller. The seller sends the receipt to the buyer
then the buyer gets delivery of goods on submission of that receipt to the
carrier.
The receipt of carrier is called document of tile of goods. It may be,
a. Lorry receipt (LR) in case of transport by road
b. Railway receipt (RR) in case of transport by rail
c. Bill of Lading (BoL) in case of transport by sea
d. Airway bill (AWB) in case of transport by air.
It is not a tax on the total value of the commodity being sold but on the value
added to it by the manufacturer or trader. They are not liable to pay tax on the entire
value of the commodity. But they have to pay the tax only on the Net value added by
them in the process of production or distribution.
In this tax, the seller will collect the tax only on the value added by him towards
his produced goods by excluding the tax on purchase paid by him. The VAT is payable
by seller who is termed as a ‘dealer’.
The VAT works on the principle that when raw material passes through various
manufacturing stages and manufactured product passes through various distribution
stages, tax should be levied on the ‘Value Added’ at stage and not on the gross sales
price.
Basically, VAT is multi-pint tax, with provision for granting set off (Credit) of the
tax paid at the earlier stage. Thus, tax burden is passed on when goods are sold. This
process continues till goods are finally consumed. Hence, VAT is termed as
‘Consumption type’ tax with ‘destination principle’. VAT works on the principle of ‘tax
credit system’.
Scope of VAT: the following transactions are subject to VAT
The supply of goods and provision of services with a place of supply in India;
The import of goods into India;
Intra-Community acquisition of goods in India by a taxable person;
The supply of goods or services specified in the India VAT Act, if the taxable
person has opted for taxation of those.
The Output of the 1st manufacturer becomes input for 2nd manufacturer who
carries out further processing and supply it to 3rd manufacturer. This process continuous
till the final product emerges. If a tax base is on the selling price of the product, the tax
burden goes on increasing as raw material and final product passed one stage to other.
Each subsequent purchaser has to pay tax again and again on the material that has
already suffered tax. This is called cascading effect. This VAT scheme permits
manufacturers to obtain complete reimbursement of excise duty/ sale tax paid on the
component or raw materials used as input in the manufacturing of final products.
Example: Manufacture ‘A’ supplies his output to ‘B’ at Rs.100. Thus, ‘B’ gets the
material at Rs.110, inclusive of tax @ 10%. He carries out further processing and sells his
output to ‘C’ at Rs.150. While calculating his cost, ‘B’ has considered his purchase cost
of materials as Rs.110 and added Rs.40 as his conversion charges. While selling product
to ‘C’, ‘B’ will charge tax again @10%. Thus ‘C’ will get the item at Rs.165 (150+10%
tax). In fact, ‘Value added’ by ‘B’ is only Rs.40 (150-110). As stages of production
and/or sales continue, each subsequent purchaser has to pay tax again and again on the
material which has already suffered tax. Tax is also paid on tax. This is called Cascading
effect.
Explanation:
1. ‘B’ will purchase goods from ‘A’ @ Rs.110, which is inclusive of duty of Rs.10.
2. Since, ‘B’ going to get credit of duty of Rs.10, he will not consider this amount
for his costing.
3. He will charge conversion expense of Rs.40 and sell his goods at Rs.140.
4. He will charge, 10% tax and raise invoice of Rs.154 to ‘C’ (140 + tax @ 10%)
5. In the invoice prepared by ‘B’, duty shown will be Rs.14. But, ‘B’ will get credit
of Rs.10 paid on the Raw material purchased by him from ‘A’.
6. Thus, effective duty paid by ‘B’ will be only Rs.4.
7. ‘C’ will get the goods at Rs.154 and Not at Rs.165, which he would have got in
absence of VAT.
8. Thus, in effect, ‘B’ has to pay duty only on Value Added by him.
Addition method – this method is based on the identification of value added, which can be estimated
by summation of all the elements of value- added(i.e. wages ,profits , rent and interest). This is in line
with the income method of calculating national income. The chief drawback of this method is that it
does not require matching of invoices in order to check tax evasion.
Subtraction method – the subtraction method estimates value added by means of difference between
outputs and inputs.this is also known as product approach and has further variants in the way
subtraction is attempted from among (a) direct subtraction method (b) intermediate subtraction method
Direct subtraction method is equivalent to a business transfer tax whereby tax is levied on the
difference between the aggregate tax-exclusive value of sales and aggregate tax-exclusive value of
purchases. Intermediate subtraction method is based on deduction of the aggregate tax-inclusive
value of purchases from the aggregate tax-inclusive value of sales and taxing the difference between
them.
Tax- credit method – under tax credit method, the tax on inputs is deducted from the tax on the sales
to arrive at the VAT payable by dealer. The indirect subtraction method entails deduction of tax on
inputs from tax on sales for each tax period.
2 Marks