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Strategic Indirect Tax
     Management

INDIRECT TAXES FOR DECISION MAKING




     By   CA Abdur Rahman Musba

               May 2011
Disclaimer

This Presentation is only to provide various conceptual
clarity of Indirect Tax Planning and Decision Making
All the facts, case studies and information presented should
be crossed checked with the provisions of law, including
any notifications, exemptions, circulars, judgement,
clarifications and amendments
The position stated herein may vastly differ from actual
interpretation by experts and vary from established
industry practices
The Presenter shall have no liability for the accuracy of
information or the correct interpretation of law

                                                CA Abdur Rahman Musba
Factors Affecting Decision Making

Tax - whether Creditable or Not
Nature of Business
Input
Output
Seller
Buyer
Value Addition & Value Chain
Location
Concessions and Schemes

                                  CA Abdur Rahman Musba
Nature of Taxes

Central Excise
 Basic Excise Duty - Creditable
 Education Cess - Creditable
Custom Duty
 Basic Custom Duty – Not Creditable
 Education Cess on Custom - Not Creditable
 Countervailing Duty (Excise Duty) - Creditable
 Education Cess on Countervailing Duty – Creditable
 Special Additional Duty – Creditable
Service Tax
 Service Tax – Creditable
 Education Cess – Creditable


                                                      CA Abdur Rahman Musba
Nature of Taxes

Central Sale Tax – Not Creditable
Sale Tax – Not Creditable
Value Added Tax –Creditable
Electricity Duty – Not Creditable
Entry Tax – Not Creditable
State Excise – Not Creditable
Royalty (on mined products) – Not Creditable
Stamp Duty – Not Creditable
Various Other Cess and Taxes

                                         CA Abdur Rahman Musba
Nature of Business

A Service Provider cannot avail credit of VAT and
Special Additional Duty of Customs
A Non-Excise Registered Dealer cannot avail Credit
of Service Tax and Central Excise.
In case of lease of Tangible Goods, VAT is attracted if
control is given to the lessee and Service Tax is
attracted if control is not given to lessee.
Accordingly, credit can be availed.



                                            CA Abdur Rahman Musba
Input and Output

Restriction on taking Credit on certain input
 No Input Credit under Central Excise for Petrol & Diesel
Certain Input not taxable
 No Excise Duty on Vegetables
Certain Output is Exempted or Non Taxable




                                                   CA Abdur Rahman Musba
Seller & Buyer

Seller Exemption from Tax
 SSI under Central Excise
Buyer cannot avail credit
 Final Consumers cannot take credit, but can claim refund on
 wrong claims




                                                  CA Abdur Rahman Musba
Value Addition & Value Chain

If Value Additions is low, it is better to avail full
credit, as compared to concessional scheme, if option
exists
 For By-Cycle manufacturers, when excisable components are
 out-sourced, it is better to pay output Excise duty @ 5% after
 availing Cenvat Credit rather than pay 1% without availing
 Cenvat Credit
Ensure that the entire value chain takes the benefits
of the Credit System
 In a value chain, if one of the supplier is Non-Excise
 Dealer/SSI unit claiming Excise Exemption; the input Excise
 Duty for that supplier would be a cost in the system


                                                  CA Abdur Rahman Musba
Location

If the supplier is outside the State, CST is a cost
If the supplier is Foreign Country or SEZ unit,
custom duty is Cost
If the manufacturer is in Excise Exempted Area,
input Central Excise is a cost and there is no output
Excise Duty




                                          CA Abdur Rahman Musba
Concessions & Schemes

Lesser Rate of CST for purchases against Form C
Concessional Custom Duty under Project Imports
Various Schemes under Foreign Trade Policy
 Advance licence, Export Promotion Capital Goods Scheme
 (EPCG)




                                            CA Abdur Rahman Musba
Formalities

Registration
 Under CST, exemption is available for goods mentioned in the
 registration certificate
Credit/Exemption available only based on proper
Documentations




                                                 CA Abdur Rahman Musba
Detailed Discussions




                       CA Abdur Rahman Musba
Structure of the Presentation

Service Tax
  Exemption
VAT/Sales Tax/CST
  High Seas Sales
Works Contract Tax (Service Tax and VAT)
Central Excise
  Exemption under Central Excise
  Inputs and Capital Goods
  Reversal of Cenvat Credit
  Outsourcing Decision
  Formalities
  Case Studies

                                           CA Abdur Rahman Musba
Structure of the Presentation (Contd)

Contracts – Capital Expenditure – Tax Liability
Custom Duty
 Concession of Custom Duty
 Benefits under Foreign Trade Policy
Fiscal benefits for Specific Projects
Tips for Better Compliance – Strategic Level




                                          CA Abdur Rahman Musba
Service Tax




              CA Abdur Rahman Musba
Service Tax

Service Tax and Education Cess is creditable.
However, when abatement is availed; Credit is not
available
Restriction of Credit on Composite Scheme
Credit interchangeable with Central Excise to some
extent.
Restriction of Credit on certain industries like
Banking



                                        CA Abdur Rahman Musba
Some Exemption under Service Tax

Statutory Activities
For Taxable Service Up to Rs. 10 lakhs
Services to SEZ Developers and Units (Cenvat Credit
needs not be reversed)
Exports of Services
Refund of Service Tax for Exporter of Goods and
Exemption on Reverse Charge Basis (for GTA and
Foreign Commission agent)
Services to UN and International Agencies, foreign
diplomatic missions

                                         CA Abdur Rahman Musba
Some Exemption under Service Tax

Service Provided in Jammu & Kashmir
Service Provided to EOU not exempted. EOU can
claim rebate under Cenvat Credit Rules
For Construction of Roads, Airports, Railways,
Transport Terminals Bridges, Tunnels, Dams;
Service Tax is exempted




                                     CA Abdur Rahman Musba
Cenvat Credit

Cenvat Credit available on
 Inputs
 Inputs Service
 Capital Goods
More Discussions under Central Excise




                                        CA Abdur Rahman Musba
Formalities

Registration of each office and premise on which
Invoices are raised by the Service Provider
Registration of each office and premises, on which
invoices are raised on the Service Recipient to claim
input credit/Service Tax exemption
Central Registration possible




                                          CA Abdur Rahman Musba
Sales Tax/VAT




                CA Abdur Rahman Musba
Central Sales Tax/Value Added Tax/Sales Taxes

Central Sales Tax is not Creditable
State Sales Tax not Creditable. Covers items like
Petrol, Diesel and ATF
Value Added Tax is Creditable
VAT under Composition Scheme – Not Creditable




                                          CA Abdur Rahman Musba
Concession under CST

Sale to a Registered Dealer
Stock Transfer
Sale to Exporter
Sale to SEZ Developer/Unit
Sale made in course of Inter-State Sales (E1/E2
sales)




                                          CA Abdur Rahman Musba
Formalities under Sales Tax

Registration of Goods to be sold for Inter State Sales
Registration of each place of Sales
Registration of place for purchase under Inter State
Sales




                                           CA Abdur Rahman Musba
Case Study

A Works Contractor is also a manufacturer of goods
which is used in works contract
The manufacturing unit is one state and the works
contracts in another state.
The Manufacturing Unit should be registered under
CST for the sale of goods.
The works contract site should be registered under
CST for purchase of Construction Material
Goods should be transferred under Form F (Stock
Transfer)
                                        CA Abdur Rahman Musba
High Seas Sales

Sale outside the territory is High Sea Sales
When Celebrities sell precious stones like Diamonds,
they take a flight across the Atlantic to avoid Sale Tax
These are “High Seas Sales”
High Seas Sales are made to avoid CST/VAT, in case of
imported Goods.
Sales should be executed after goods are left the foreign
destination and before arriving in India
Bill of Lading is a negotiable Document.
Airway Bill in not negotiable document. Delivery Challan
should be endorsed.

                                              CA Abdur Rahman Musba
Sales in Course of Imports

Sales is made after the goods are imported (after
Customs Formalities is completed before delivery is
taken)
Sales in Course of Import does not attract CST/VAT.
“High Seas Sales” and “Sales in Course of Imports”
option should be decided on case to case to basis
Usually, when Custom Duty is wholly exempted, High
Seas Sales is better.
In case of High Seas Sales, the assessable value for
Customs Duty is the price charged by importer to the
assessee.


                                         CA Abdur Rahman Musba
Taxation of Works Contract

WORKS CONTRACT ATTRACT BOTH VAT AND
           SERVICE TAX




                                CA Abdur Rahman Musba
VAT on Works Contract

Taxation under Vat – Eg Civil Works

 Particulars       Regular       Abatement      Composition
 Amount on         On Material   On 70% (For    On Full Value
 which VAT is      Portion       civil works)
 payable
 Rate at Which     Full Rate     Full Rate      4%
 the amount is
 Taxable
 Effective Rate    Computed      9.8%           4%
 Input credit      Available     Available      Not Available



                                                     CA Abdur Rahman Musba
Service Tax on Works Contract

Particulars       Full Rate    Abatement Composition       Calculation (as
                                         Scheme            per VAT law)
Amount on         Full Value   On 33% of   On Full Value   On Service
which Service                  the Value                   Portion
Tax is payable
Rate at Which     Full Rate    Full Rate   4.12%           Full Rate
the amount is
Taxable
Effective Rate    10.3%        3.399%      4.12%           Computed
Credit on Input   Available    Not         Not Available   Not Available
Goods                          Available
Credit on Input   Available    Not         Available       Available
Service                        Available
Credit on         Available    Not         Available       Available
Capital Goods                  Available
                                                             CA Abdur Rahman Musba
Central Excise




                 CA Abdur Rahman Musba
Central Excise

Normally, Central Excise by nature is Creditable
Credit available for Education Cess
Credit of Service Tax interchangeable
Compound Levy Scheme – Credit not available
Restriction of Credit on certain industries like Ship
Breaking




                                          CA Abdur Rahman Musba
Exemption under Central Excise

Some Exemption of Central Excise
 Power Project
 Water Infrastructure Project
 UN/ADB funded projects
 Project Under International Competitive Bidding
 Supply to Defence
 Supply to SEZ, EOU, Exports
 Supply against EPCG Authorisation
 Exemption for SSI units
 Exemption in Excise Free States
 Exemption of products under specific Notification

                                                     CA Abdur Rahman Musba
Case Study – When Located in an Excise Free
                  Zone

Some states like Himachal Pradesh are exempted
from Central Excise?
Is it beneficial to set up a unit in Himachal Pradesh?




                                           CA Abdur Rahman Musba
Analysis

Check whether the input are excisable
Check whether the buyer can claim Credit
Check the value addition
Check the place from which input should be procured
and the output shall be distributed
Example: Food Processing Industry
The vegetables and fruits does not attract Excise Duty
and the customers cannot avail credit of Excise Duty
Hence, it is beneficial to set up a food processing unit in
Excise Free states

                                               CA Abdur Rahman Musba
Analysis of Inputs

Analysis of “Input” under Cenvat Credit Rules is
important
Some of the items excluded from Input are
 Inputs used outside the Factory (except certain cases)
 Petrol, Diesel excluded from definition of inputs
 Inputs used for Civil Works
 Consumption of Employees




                                                   CA Abdur Rahman Musba
Analysis of Input Service

Similarly, analysis of “Input Service” is critical
The analysis of Input and Input Service should be
seen from specific business point of view.
Some of the Items exclude are
 Service on Civil Works
 Service Tax on Motor Vehicle (like Rent a cab, insurance on
 cars)
 For Consumption of Employees




                                                   CA Abdur Rahman Musba
Analysis of Capital Goods

Cenvat Credit on Capital Goods is available for
specified list of Goods
Cenvat Credit/Exemption not available for
construction of Civil Works (except for Civil Works
for SEZ and Service Tax exemption for certain
Infrastructures)




                                         CA Abdur Rahman Musba
Analysis of Capital Goods(Contd)

While analysing use of Cenvat Credit of Capital
Goods, financial modelling should be used to
ascertained when the Cenvat Credit of Capital Goods
can be fully used.
For captive intensive industries, interest cost should
be added for utilisation of Cenvat Credit of Capital
Goods, if the utilisation of credit is over a longer time
vis-Ă -vis exemption scheme like EOU, SEZ etc (in
case of direct comparison)


                                              CA Abdur Rahman Musba
Case Study on Cenvat Credit on Capital Goods

Thumb Rule for factors considering how fast Cenvat Credit
 on Capital Goods can be used
 Huge Capital Investment
 Less Value Addition (in terms of Percentage)
 Excisable Input (in case the input is mine products like
 Crude Oil, Iron Ore, Cenvat credit cannot be availed)
 Rate of Excise Duty of output vis-Ă -vis the rate of Excise
 Duty of input.
Detailed Computations can be done only using financial
 modelling

                                                CA Abdur Rahman Musba
Analysis of Output

Whether Output is chargeable to Excise
In case of pure power plant, Electricity is not
Chargeable to Excise Duty. Therefore, tax on input
becomes a cost. However, if the power plant is set up
as part of existing industrial plant, tax on input can
be taken as credit.




                                           CA Abdur Rahman Musba
Cenvat Credit Reversal

When       manufacturer/service      provider  is
manufacturing/ providing both taxable and non
taxable service/goods, Cenvat Credit have to be
reversed.
In case, the person opts to pay an specified
“amount”, Cenvat credit need not be reversed
For supplies to SEZ, EOU, Exports, Projects under
Competitive Bidding, Some Power Projects, Cenvat
Credit need not be reversed.


                                       CA Abdur Rahman Musba
Case Study on Reversal

Pipes are required for Water Project, partly within
SEZ and partly outside SEZ.
There is Excise Duty exemption for within SEZ and
cenvat credit needs not be reversed
For water projects (from Source), pipes are exempted
from Excise Duty. However, Cenvat Credit have to be
reversed.
How to analysis the impact of Central Excise?



                                         CA Abdur Rahman Musba
Case Study on Reversal

Various types of pipes can be procured. Therefore,
first check the raw material for the pipe
manufacturer
For Ductile Iron Pipes, the main inputs are Iron Ore
and Coal. Both the items are not excisable. (Coal has
now Energy Cess)
The Price should not vary much due to Cenvat Credit
availability
However, for other pipes, where input are taxable
products, the manufacturer would charge 5% more;
if detailed calculation or reversal is not made.

                                          CA Abdur Rahman Musba
Case Study (when Final Product is exempted)

For Ship Building (and Aircraft Building), Central
Excise is exempted.
Even Custom Duty is exempted for imports of ships
Therefore, should any tax planning be made in this
case?




                                         CA Abdur Rahman Musba
Case Study (when Final Product is exempted)
                 [Contd]

Shipping Building unit purchase components after
paying Central Excise/Custom Duty.
If the Shipyard is located in an EOU (Export
Oriented Unit), Central Excise is exempted on
purchase of components.
Similarly, Custom Duty is exempted for import of
components.
On Sale in domestic market, there would not be
Excise Duty.
Net Foreign Exchange earning should be satisfied.
                                       CA Abdur Rahman Musba
Outsourcing Decision and
         Taxes




                     CA Abdur Rahman Musba
Outsourcing Decision and Taxes

Analysis the Value Chain and the Taxability of each
point of value addition
If the Value Chain does not have taxes, the
outsourced vendor should not have any input Tax as
cost nor charge any Output Tax which credit cannot
be taken
If the Value Chain has Taxes, the outsourced vendor
should able to at least avail and pass on the
creditable tax and further not add Tax cost.


                                         CA Abdur Rahman Musba
Case Study on Outsourcing

For Input used outside the Factory, Cenvat Credit
cannot be availed
For Example, Cenvat Credit cannot be taken on
Excise Duty paid on Explosive used by Cement
Factory for blasting Limestone.
Cenvat Credit cannot be taken for the tipper and
dumper used for carrying limestone from the site to
factory (for such vehicles owned by the Factory or
Goods Transport Agency)
How to avail Cenvat Credit on these inputs and
Capital Goods?
                                         CA Abdur Rahman Musba
Case Study on Outsourcing (Contd)

The activities of the Limestone Mining can be
outsourced to Service Provider of Mining of Mineral
Excise Duty on explosive can be availed as input, and
credit can be availed
Tippers and Dumpers can be treated as Capital
Goods for Mining activities




                                          CA Abdur Rahman Musba
Other Points to Consider

Level of Control on the Third Party Service Provider
Maturity of the Service Provider and competitiveness
in the Industry
 Quality of Service Level
 Confidentiality
Administrative Cost and Management time to set up
own Service Provider
Effect on future changes in law



                                          CA Abdur Rahman Musba
Formalities




              CA Abdur Rahman Musba
Formalities

To avail Credit/Refund/Exemption proper formalities
have to be complied
Registration is one of the important Formalities. The
Registration show the ground plan.
Only area shown in Ground Plan, Cenvat Credit can be
availed. (Any Capital Goods installed outside the Ground
Plan, Cenvat Credit cannot be availed).
Land owned by the unit or lease by the unit can be shown
in Ground Plan.
In case of Project, where Contractor has leased out land,
the lessee right should be assigned to the Unit.


                                              CA Abdur Rahman Musba
Formalities (Contd)

Any additional land taken for the purpose of unit, and
any manufacturing activities or storage is done in such
land, the Ground Plan should be amended.
Even if storage is made in additional area (not mentioned
in Ground Plan) it may be construed as “removal”.
Cenvat Credit can be taken for a particular Unit. If the
factory is at different location, Cenvat Credit for each
factory should be taken.
In case, there are two units at the same location, Cenvat
Credit should be taken for each unit separately.


                                              CA Abdur Rahman Musba
Case Study (Installation outside Ground Plan)

An Factory has to set up a Transformer for its factory
The Transformer is being set up outside the factory
on Government Land.
How can Cenvat Credit be availed on installation of
the Transformer?




                                           CA Abdur Rahman Musba
Case Study (Installation outside Ground Plan)

The Cenvat Credit of Central Excise cannot be
availed directly
A contractor has to be appointed for Supply and
Installation of Transformer (Composite Contract)
The Contractor has to Purchase the Transformer
from the Manufacturer/Excise Dealer and take
Cenvat Credit on Central Excise
After Installation, the Contractor has to Charge
Service Tax on the Whole Value of Works at Full
Rate.
Cenvat Credit can be taken on Service Tax.

                                      CA Abdur Rahman Musba
Contracts – Capital Goods –
       Tax Liability




                       CA Abdur Rahman Musba
Formalities - Contracts

Capital Goods can be purchase through three ways
 Supply Contract
 Works Contract
 Supply & Erection Contract




                                        CA Abdur Rahman Musba
Supply Contracts

Cenvat Credit Under Central Excise can be taken
easily as the Invoice is in the name of Buyer
For Inter-State Sales, C Form can be issued to
minimise Sale Tax.
For Regular Purchases, the option for seller to open a
depot in the State should be analysed, if input of VAT
can be availed




                                           CA Abdur Rahman Musba
Supply and Erection Contracts

For    Supply and Erection Contracts, (Divisible
Contracts), the Purchase Order and Work Order
should be issued
Where the supplier is supplying goods from Third
Party Manufacturer/Excise Dealer, the Invoice of the
third party manufacturer should mention that the
Goods are on Account of the Ultimate Buyer.
(Contractor should not take Cenvat Credit).




                                         CA Abdur Rahman Musba
Supply and Erection Contracts (Contd)

The Consignee in the Lorry Receipt (LR) should be in
the name of the contractor. The LR should be
endorse in favour of Buyer before delivery of goods.
The Contractor should not receive the Goods at
Destination (especially in case of Sale in the course
of Inter State sale).
Invoice should be raise on the date of endorsement
of LR.
C Form and E1, E2 Forms should be exchanged.


                                          CA Abdur Rahman Musba
Case Study

In such Contracts, the Supplier Contractor is
responsible till Erection is over and handed over.
The Contractor has to take insurance till handing
over.
If the Buyer accepts the goods delivered, what is the
Liability of the Contractor after delivery? (Who is
responsible for Security and Insurance?)




                                          CA Abdur Rahman Musba
Case Study

When the Goods are received at site, the goods
should be handed over to the Contractor, under a
contract of Bailment, in pursuant of the Main
Agreement, through a Delivery Challan.




                                      CA Abdur Rahman Musba
Works Contracts

For Works Contract, the Contractor can take Cenvat
Credit. The Contractor has to charge normal Service
Tax on Full Value.
However, in case of civil works, Cenvat Credit cannot
be availed. In Case of SEZ, Exemption of Central
Excise and Service Tax can be obtained even for Civil
Works.
Whether Works Contract can be split in Supply &
Erection Contract should be analysed.
Example: In Electrical Works and Goods can be
purchased Inter-State and Form C can be issued

                                          CA Abdur Rahman Musba
Custom Duty




              CA Abdur Rahman Musba
Computation of Custom Duty

S    Particulars                     Working      Legend      Amount
No
1    Assessable Value (CIF + 1% of                A                      1000
     CIF)
2    Basic Custom Duty (BCD)         10% of A     B                         100
3    CVD                             10% of A+B   C                         110
4    Education Cess on CVD           3% on C      D                         3.3
5    Education Cess on BCD           3% on A+B+C E                        6.40
6    Special Additional Duty         4% on        F                      48.79
                                     A+B+C+D
7    Total                                                           1268.49
     Effective Duty                  26.85%



                                                           CA Abdur Rahman Musba
Credit for Custom Duty

A manufacturer can claim Cenvat Credit on CVD,
Education Cess on CVD and SAD
A Service Provider can claim Cenvat Credit on CVD
and Education Cess on CVD, and not on SAD.
A Trader can claim Refund of SAD, if the trader sells
the Goods charging VAT/Sales Tax.
In a supply and erection contract (Divisible), the
Contractor can claim refund of SAD, and the Unit
can claim input Credit of CVD, Education Cess on
CVD and VAT.

                                          CA Abdur Rahman Musba
Concession under Custom Duty – Capital Goods

Project Imports – Concessional Rate of Custom Duty at
5% or 0% for new Industrial & Infrastructural projects or
substantially expansion of old projects. No Condition
attached
Export Promotion Capital Goods Scheme under the
Foreign Trade Policy: Concessional Rate of 3% or 0%
Custom Duty.
Export Oriented Unit: Custom Duty Exemption (for
Capital Goods and Input).
Special Economic Zone: Custom Duty Exempted
Road Project: Machinery for Construction Exempted


                                              CA Abdur Rahman Musba
Concession under Custom Duty – Input

Advance License Scheme
Duty Free Import Authorisation
Preferential Rate of Duty




                                 CA Abdur Rahman Musba
Case Duty - Delay Payment of Custom Duty

When Huge Amount of Raw Material is imported (to
be used over a period of time), to avail Economy of
Scale during Purchase.
The Manufacturer does not have the cash to pay the
Custom Duty or wants to avoid interest of funds used
to pay Custom Duty.
What can be done?




                                         CA Abdur Rahman Musba
Delay Payment (Contd)

The Goods can be stored in a Custom Bonded
Area/Warehouse.
At the time of removal from Warehouse, Custom
Duty can be Paid




                                    CA Abdur Rahman Musba
Case Study – Avoid Demurrage

A Capital Goods in imported which is eligible for
concessional duty under Project Imports or Export
Promotion Capital Goods Scheme.
However, the necessary formalities are not
completed
If the Capital Goods are kept at the Port, huge
demurrages to be paid.
How to Avoid the Demurrages?



                                       CA Abdur Rahman Musba
Avoid Demurrage

The Goods should be transfer to Custom Bonded
Area and Project Can be registered in the Custom
Bonded Area and clear the goods at a concessional
rate of Duty.




                                       CA Abdur Rahman Musba
Benefits under Foreign Trade Policy

Pre-Shipment
 Advance License
 Duty Free Import Authorisation
Post Shipment
 Duty Drawback
 Duty Entitlement Passbook Scheme
Market Focus Scheme
Product Focus Scheme
Served from India Scheme


                                    CA Abdur Rahman Musba
Foreign Trade Policy

Projects
 Export Promotion Capital Goods Scheme
   Manufacturers of Products
   Hotels, Retailers, Project Imports
 Export Oriented Unit Scheme
 Special Economic Zones
Deemed Exports
 Refinery
 Power Projects
 EOU, SEZ


                                         CA Abdur Rahman Musba
Barriers to Foreign Trade

Tariff Barriers
 High Rate of Import Duty
 Export Duty
 Free Trade Agreement/Pacts
Non Tariff Barriers
 Phytosanitary Conditions
 Intellectual Property Rights
 Transfer of Technology




                                       CA Abdur Rahman Musba
Fiscal Benefits for Specific
         Projects




                         CA Abdur Rahman Musba
Benefits for New Projects

Concessional Custom Duty under Project Imports
Deferred Payment of VAT on Sales
Exemption of Stamp Duty on Lease, Loan
Exemption of Electricity Duty, Entry Tax
Subsidy, Grant from Government
Concessional Interest from Financial Institution




                                         CA Abdur Rahman Musba
Income Tax Benefit for New Projects

Exemption for Income Tax under 10AA, 35AD, 80 IA,
IAB, IB for various Industrial, Infrastructure Projects.
Power, Road, Water Infrastructure, SEZ, Cold Storage,
Industrial Project in Backward area, are some of the
exempted Project
MAT is applicable on all Projects, but Creditable in
nature. (Cash flow Issue: IRR, NPV, DSCR)
The exemption of Tax may not be available due to initial
higher depreciation, initial cash losses
However, actual exemption available should be
determined by Financial Modelling.


                                             CA Abdur Rahman Musba
Power Projects

Exemption from Excise and Custom Duty for Mega
Power Projects
Export Benefits Available for supplies to Mega Power
Projects
Cenvat Credit need not be reversed for suppliers to Mega
Power Project
Income Tax exemption is available
For other Independent Power Project; Excise, Custom is
a cost
Cenvat Credit can be available for Captive Power Plants,
even if set up outside the Factory.

                                             CA Abdur Rahman Musba
Export Promotion Capital Goods Scheme

Capital Goods used for Earning Forex
Can be used by Hotel, Retailer, Project Imports and other
Service Providers
Import of Goods under Concessional Custom Duty/Nil
Custom Duty
Can also avail Indigenous Goods without Payment of
Excise Duty
Domestic Supplier can avail Export Benefit like Duty
Drawback
Supply for Deemed Exports is counted for Export
Obligations Fulfilment

                                              CA Abdur Rahman Musba
100% Export Oriented Unit

Exemption under Excise Under CT – 3, ARE 3
Procedure.
Supplier of Goods need not reverse Cenvat Credit
Supply to EOUs eligible for Export Benefits as
deemed exports.
Exemption of Custom Duty
Service Tax can be availed as Credit and refund can
be obtained.
CST is eligible for Refund
Rate of Excise Duty is equivalent to Custom Duty

                                         CA Abdur Rahman Musba
Computation of Duty for EOU Sale

S    Particulars                     Working      Legend      Amount
No
1    Assessable Value                             A                      1000
2    Basic Custom Duty (BCD)         10% of A     B                         100
3    CVD                             10% of A+B   C                         110
4    Education Cess on CVD           3% on C      D                         3.3
5    Education Cess on BCD           3% on A+B+C E                        6.40
6    Total Excise Duty               B+C+D+E      F                      219.7
     Education Cess on Excise Duty   3% on F      G                        6.59
7    Total                                                           1226.29
     + VAT/CST




                                                           CA Abdur Rahman Musba
Special Economic Zone

Exemption of Excise Duty, CST, Custom Duty, Service
Tax, R&D Cess for Authorised Operations
Cenvat Credit on Goods or Service need not be reversed
by the supplier/Service Providers
Export Benefits can be availed. However, for units some
export benefits is subject to payment made in Forex
Exemption of taxes for Civil Works
Exemption of taxes for Construction Equipment of the
Contractors
Income Tax benefit under Section 80IAB, 10AA

                                            CA Abdur Rahman Musba
Special Economic Zone (Contd)

VAT is exempted by way of refund
Exemption of Entry Tax (except certain Petroleum
Goods)
Exemption of Stamp Duty (100% for Developer/Co-
Developer and 50% for units)
Exemption of Electricity Duty
Custom Duty is payable when Sale made to DTA. (If the
product is generally not being imported and Custom
Duty is not exempted, the Seller have to bear the impact
of Custom Duty component)
Net Foreign Exchange Earning should be positive

                                             CA Abdur Rahman Musba
Case Study on SEZ

Analysis of Input and Output Taxes is very critical for
determination whether unit should be located in SEZ
For IT/Electronic hardware, the main products output
are exempted from Custom Duty. However, the IT
components (inputs) attract Custom Duty
Sale of IT related goods in DTA is covered under the Net
Foreign Exchange Earning
Hence, it is beneficial to set up a unit in SEZ than DTA,
as SEZ unit can procure inputs without Custom Duty and
sell without paying Excise Duty or Custom Duty


                                              CA Abdur Rahman Musba
Devil Lies in the Details




                       CA Abdur Rahman Musba
Tips to ensure Compliance

Scrutinise the Registration Certificates from time to
time
Keep Proper Documents, even if there is no tax
payable.
 How do you convince the Government Official that your
 turnover has not exceed the taxable turnover?
Maintain proper Registers
Have effective internal control
Follow Proper System
 Remember the Security tracks the movements of goods

                                               CA Abdur Rahman Musba
Tips to ensure Compliance (Contd)

Check the official rules relating to documentations both
for documents in which exemption/Credit is obtain as
well as documents which is issued by the organisation
Maintain Proper Record of Suppliers and Purchasers
Have adequate personnel for compliance or outsource
the job
Give regular training to the personnel
Conduct regular audits to minimise contravention of law
Structure the wording of the Contract, Invoice, Letters



                                             CA Abdur Rahman Musba
Any Questions




                CA Abdur Rahman Musba

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Strategic Indirect Tax Management

  • 1. Strategic Indirect Tax Management INDIRECT TAXES FOR DECISION MAKING By CA Abdur Rahman Musba May 2011
  • 2. Disclaimer This Presentation is only to provide various conceptual clarity of Indirect Tax Planning and Decision Making All the facts, case studies and information presented should be crossed checked with the provisions of law, including any notifications, exemptions, circulars, judgement, clarifications and amendments The position stated herein may vastly differ from actual interpretation by experts and vary from established industry practices The Presenter shall have no liability for the accuracy of information or the correct interpretation of law CA Abdur Rahman Musba
  • 3. Factors Affecting Decision Making Tax - whether Creditable or Not Nature of Business Input Output Seller Buyer Value Addition & Value Chain Location Concessions and Schemes CA Abdur Rahman Musba
  • 4. Nature of Taxes Central Excise Basic Excise Duty - Creditable Education Cess - Creditable Custom Duty Basic Custom Duty – Not Creditable Education Cess on Custom - Not Creditable Countervailing Duty (Excise Duty) - Creditable Education Cess on Countervailing Duty – Creditable Special Additional Duty – Creditable Service Tax Service Tax – Creditable Education Cess – Creditable CA Abdur Rahman Musba
  • 5. Nature of Taxes Central Sale Tax – Not Creditable Sale Tax – Not Creditable Value Added Tax –Creditable Electricity Duty – Not Creditable Entry Tax – Not Creditable State Excise – Not Creditable Royalty (on mined products) – Not Creditable Stamp Duty – Not Creditable Various Other Cess and Taxes CA Abdur Rahman Musba
  • 6. Nature of Business A Service Provider cannot avail credit of VAT and Special Additional Duty of Customs A Non-Excise Registered Dealer cannot avail Credit of Service Tax and Central Excise. In case of lease of Tangible Goods, VAT is attracted if control is given to the lessee and Service Tax is attracted if control is not given to lessee. Accordingly, credit can be availed. CA Abdur Rahman Musba
  • 7. Input and Output Restriction on taking Credit on certain input No Input Credit under Central Excise for Petrol & Diesel Certain Input not taxable No Excise Duty on Vegetables Certain Output is Exempted or Non Taxable CA Abdur Rahman Musba
  • 8. Seller & Buyer Seller Exemption from Tax SSI under Central Excise Buyer cannot avail credit Final Consumers cannot take credit, but can claim refund on wrong claims CA Abdur Rahman Musba
  • 9. Value Addition & Value Chain If Value Additions is low, it is better to avail full credit, as compared to concessional scheme, if option exists For By-Cycle manufacturers, when excisable components are out-sourced, it is better to pay output Excise duty @ 5% after availing Cenvat Credit rather than pay 1% without availing Cenvat Credit Ensure that the entire value chain takes the benefits of the Credit System In a value chain, if one of the supplier is Non-Excise Dealer/SSI unit claiming Excise Exemption; the input Excise Duty for that supplier would be a cost in the system CA Abdur Rahman Musba
  • 10. Location If the supplier is outside the State, CST is a cost If the supplier is Foreign Country or SEZ unit, custom duty is Cost If the manufacturer is in Excise Exempted Area, input Central Excise is a cost and there is no output Excise Duty CA Abdur Rahman Musba
  • 11. Concessions & Schemes Lesser Rate of CST for purchases against Form C Concessional Custom Duty under Project Imports Various Schemes under Foreign Trade Policy Advance licence, Export Promotion Capital Goods Scheme (EPCG) CA Abdur Rahman Musba
  • 12. Formalities Registration Under CST, exemption is available for goods mentioned in the registration certificate Credit/Exemption available only based on proper Documentations CA Abdur Rahman Musba
  • 13. Detailed Discussions CA Abdur Rahman Musba
  • 14. Structure of the Presentation Service Tax Exemption VAT/Sales Tax/CST High Seas Sales Works Contract Tax (Service Tax and VAT) Central Excise Exemption under Central Excise Inputs and Capital Goods Reversal of Cenvat Credit Outsourcing Decision Formalities Case Studies CA Abdur Rahman Musba
  • 15. Structure of the Presentation (Contd) Contracts – Capital Expenditure – Tax Liability Custom Duty Concession of Custom Duty Benefits under Foreign Trade Policy Fiscal benefits for Specific Projects Tips for Better Compliance – Strategic Level CA Abdur Rahman Musba
  • 16. Service Tax CA Abdur Rahman Musba
  • 17. Service Tax Service Tax and Education Cess is creditable. However, when abatement is availed; Credit is not available Restriction of Credit on Composite Scheme Credit interchangeable with Central Excise to some extent. Restriction of Credit on certain industries like Banking CA Abdur Rahman Musba
  • 18. Some Exemption under Service Tax Statutory Activities For Taxable Service Up to Rs. 10 lakhs Services to SEZ Developers and Units (Cenvat Credit needs not be reversed) Exports of Services Refund of Service Tax for Exporter of Goods and Exemption on Reverse Charge Basis (for GTA and Foreign Commission agent) Services to UN and International Agencies, foreign diplomatic missions CA Abdur Rahman Musba
  • 19. Some Exemption under Service Tax Service Provided in Jammu & Kashmir Service Provided to EOU not exempted. EOU can claim rebate under Cenvat Credit Rules For Construction of Roads, Airports, Railways, Transport Terminals Bridges, Tunnels, Dams; Service Tax is exempted CA Abdur Rahman Musba
  • 20. Cenvat Credit Cenvat Credit available on Inputs Inputs Service Capital Goods More Discussions under Central Excise CA Abdur Rahman Musba
  • 21. Formalities Registration of each office and premise on which Invoices are raised by the Service Provider Registration of each office and premises, on which invoices are raised on the Service Recipient to claim input credit/Service Tax exemption Central Registration possible CA Abdur Rahman Musba
  • 22. Sales Tax/VAT CA Abdur Rahman Musba
  • 23. Central Sales Tax/Value Added Tax/Sales Taxes Central Sales Tax is not Creditable State Sales Tax not Creditable. Covers items like Petrol, Diesel and ATF Value Added Tax is Creditable VAT under Composition Scheme – Not Creditable CA Abdur Rahman Musba
  • 24. Concession under CST Sale to a Registered Dealer Stock Transfer Sale to Exporter Sale to SEZ Developer/Unit Sale made in course of Inter-State Sales (E1/E2 sales) CA Abdur Rahman Musba
  • 25. Formalities under Sales Tax Registration of Goods to be sold for Inter State Sales Registration of each place of Sales Registration of place for purchase under Inter State Sales CA Abdur Rahman Musba
  • 26. Case Study A Works Contractor is also a manufacturer of goods which is used in works contract The manufacturing unit is one state and the works contracts in another state. The Manufacturing Unit should be registered under CST for the sale of goods. The works contract site should be registered under CST for purchase of Construction Material Goods should be transferred under Form F (Stock Transfer) CA Abdur Rahman Musba
  • 27. High Seas Sales Sale outside the territory is High Sea Sales When Celebrities sell precious stones like Diamonds, they take a flight across the Atlantic to avoid Sale Tax These are “High Seas Sales” High Seas Sales are made to avoid CST/VAT, in case of imported Goods. Sales should be executed after goods are left the foreign destination and before arriving in India Bill of Lading is a negotiable Document. Airway Bill in not negotiable document. Delivery Challan should be endorsed. CA Abdur Rahman Musba
  • 28. Sales in Course of Imports Sales is made after the goods are imported (after Customs Formalities is completed before delivery is taken) Sales in Course of Import does not attract CST/VAT. “High Seas Sales” and “Sales in Course of Imports” option should be decided on case to case to basis Usually, when Custom Duty is wholly exempted, High Seas Sales is better. In case of High Seas Sales, the assessable value for Customs Duty is the price charged by importer to the assessee. CA Abdur Rahman Musba
  • 29. Taxation of Works Contract WORKS CONTRACT ATTRACT BOTH VAT AND SERVICE TAX CA Abdur Rahman Musba
  • 30. VAT on Works Contract Taxation under Vat – Eg Civil Works Particulars Regular Abatement Composition Amount on On Material On 70% (For On Full Value which VAT is Portion civil works) payable Rate at Which Full Rate Full Rate 4% the amount is Taxable Effective Rate Computed 9.8% 4% Input credit Available Available Not Available CA Abdur Rahman Musba
  • 31. Service Tax on Works Contract Particulars Full Rate Abatement Composition Calculation (as Scheme per VAT law) Amount on Full Value On 33% of On Full Value On Service which Service the Value Portion Tax is payable Rate at Which Full Rate Full Rate 4.12% Full Rate the amount is Taxable Effective Rate 10.3% 3.399% 4.12% Computed Credit on Input Available Not Not Available Not Available Goods Available Credit on Input Available Not Available Available Service Available Credit on Available Not Available Available Capital Goods Available CA Abdur Rahman Musba
  • 32. Central Excise CA Abdur Rahman Musba
  • 33. Central Excise Normally, Central Excise by nature is Creditable Credit available for Education Cess Credit of Service Tax interchangeable Compound Levy Scheme – Credit not available Restriction of Credit on certain industries like Ship Breaking CA Abdur Rahman Musba
  • 34. Exemption under Central Excise Some Exemption of Central Excise Power Project Water Infrastructure Project UN/ADB funded projects Project Under International Competitive Bidding Supply to Defence Supply to SEZ, EOU, Exports Supply against EPCG Authorisation Exemption for SSI units Exemption in Excise Free States Exemption of products under specific Notification CA Abdur Rahman Musba
  • 35. Case Study – When Located in an Excise Free Zone Some states like Himachal Pradesh are exempted from Central Excise? Is it beneficial to set up a unit in Himachal Pradesh? CA Abdur Rahman Musba
  • 36. Analysis Check whether the input are excisable Check whether the buyer can claim Credit Check the value addition Check the place from which input should be procured and the output shall be distributed Example: Food Processing Industry The vegetables and fruits does not attract Excise Duty and the customers cannot avail credit of Excise Duty Hence, it is beneficial to set up a food processing unit in Excise Free states CA Abdur Rahman Musba
  • 37. Analysis of Inputs Analysis of “Input” under Cenvat Credit Rules is important Some of the items excluded from Input are Inputs used outside the Factory (except certain cases) Petrol, Diesel excluded from definition of inputs Inputs used for Civil Works Consumption of Employees CA Abdur Rahman Musba
  • 38. Analysis of Input Service Similarly, analysis of “Input Service” is critical The analysis of Input and Input Service should be seen from specific business point of view. Some of the Items exclude are Service on Civil Works Service Tax on Motor Vehicle (like Rent a cab, insurance on cars) For Consumption of Employees CA Abdur Rahman Musba
  • 39. Analysis of Capital Goods Cenvat Credit on Capital Goods is available for specified list of Goods Cenvat Credit/Exemption not available for construction of Civil Works (except for Civil Works for SEZ and Service Tax exemption for certain Infrastructures) CA Abdur Rahman Musba
  • 40. Analysis of Capital Goods(Contd) While analysing use of Cenvat Credit of Capital Goods, financial modelling should be used to ascertained when the Cenvat Credit of Capital Goods can be fully used. For captive intensive industries, interest cost should be added for utilisation of Cenvat Credit of Capital Goods, if the utilisation of credit is over a longer time vis-Ă -vis exemption scheme like EOU, SEZ etc (in case of direct comparison) CA Abdur Rahman Musba
  • 41. Case Study on Cenvat Credit on Capital Goods Thumb Rule for factors considering how fast Cenvat Credit on Capital Goods can be used Huge Capital Investment Less Value Addition (in terms of Percentage) Excisable Input (in case the input is mine products like Crude Oil, Iron Ore, Cenvat credit cannot be availed) Rate of Excise Duty of output vis-Ă -vis the rate of Excise Duty of input. Detailed Computations can be done only using financial modelling CA Abdur Rahman Musba
  • 42. Analysis of Output Whether Output is chargeable to Excise In case of pure power plant, Electricity is not Chargeable to Excise Duty. Therefore, tax on input becomes a cost. However, if the power plant is set up as part of existing industrial plant, tax on input can be taken as credit. CA Abdur Rahman Musba
  • 43. Cenvat Credit Reversal When manufacturer/service provider is manufacturing/ providing both taxable and non taxable service/goods, Cenvat Credit have to be reversed. In case, the person opts to pay an specified “amount”, Cenvat credit need not be reversed For supplies to SEZ, EOU, Exports, Projects under Competitive Bidding, Some Power Projects, Cenvat Credit need not be reversed. CA Abdur Rahman Musba
  • 44. Case Study on Reversal Pipes are required for Water Project, partly within SEZ and partly outside SEZ. There is Excise Duty exemption for within SEZ and cenvat credit needs not be reversed For water projects (from Source), pipes are exempted from Excise Duty. However, Cenvat Credit have to be reversed. How to analysis the impact of Central Excise? CA Abdur Rahman Musba
  • 45. Case Study on Reversal Various types of pipes can be procured. Therefore, first check the raw material for the pipe manufacturer For Ductile Iron Pipes, the main inputs are Iron Ore and Coal. Both the items are not excisable. (Coal has now Energy Cess) The Price should not vary much due to Cenvat Credit availability However, for other pipes, where input are taxable products, the manufacturer would charge 5% more; if detailed calculation or reversal is not made. CA Abdur Rahman Musba
  • 46. Case Study (when Final Product is exempted) For Ship Building (and Aircraft Building), Central Excise is exempted. Even Custom Duty is exempted for imports of ships Therefore, should any tax planning be made in this case? CA Abdur Rahman Musba
  • 47. Case Study (when Final Product is exempted) [Contd] Shipping Building unit purchase components after paying Central Excise/Custom Duty. If the Shipyard is located in an EOU (Export Oriented Unit), Central Excise is exempted on purchase of components. Similarly, Custom Duty is exempted for import of components. On Sale in domestic market, there would not be Excise Duty. Net Foreign Exchange earning should be satisfied. CA Abdur Rahman Musba
  • 48. Outsourcing Decision and Taxes CA Abdur Rahman Musba
  • 49. Outsourcing Decision and Taxes Analysis the Value Chain and the Taxability of each point of value addition If the Value Chain does not have taxes, the outsourced vendor should not have any input Tax as cost nor charge any Output Tax which credit cannot be taken If the Value Chain has Taxes, the outsourced vendor should able to at least avail and pass on the creditable tax and further not add Tax cost. CA Abdur Rahman Musba
  • 50. Case Study on Outsourcing For Input used outside the Factory, Cenvat Credit cannot be availed For Example, Cenvat Credit cannot be taken on Excise Duty paid on Explosive used by Cement Factory for blasting Limestone. Cenvat Credit cannot be taken for the tipper and dumper used for carrying limestone from the site to factory (for such vehicles owned by the Factory or Goods Transport Agency) How to avail Cenvat Credit on these inputs and Capital Goods? CA Abdur Rahman Musba
  • 51. Case Study on Outsourcing (Contd) The activities of the Limestone Mining can be outsourced to Service Provider of Mining of Mineral Excise Duty on explosive can be availed as input, and credit can be availed Tippers and Dumpers can be treated as Capital Goods for Mining activities CA Abdur Rahman Musba
  • 52. Other Points to Consider Level of Control on the Third Party Service Provider Maturity of the Service Provider and competitiveness in the Industry Quality of Service Level Confidentiality Administrative Cost and Management time to set up own Service Provider Effect on future changes in law CA Abdur Rahman Musba
  • 53. Formalities CA Abdur Rahman Musba
  • 54. Formalities To avail Credit/Refund/Exemption proper formalities have to be complied Registration is one of the important Formalities. The Registration show the ground plan. Only area shown in Ground Plan, Cenvat Credit can be availed. (Any Capital Goods installed outside the Ground Plan, Cenvat Credit cannot be availed). Land owned by the unit or lease by the unit can be shown in Ground Plan. In case of Project, where Contractor has leased out land, the lessee right should be assigned to the Unit. CA Abdur Rahman Musba
  • 55. Formalities (Contd) Any additional land taken for the purpose of unit, and any manufacturing activities or storage is done in such land, the Ground Plan should be amended. Even if storage is made in additional area (not mentioned in Ground Plan) it may be construed as “removal”. Cenvat Credit can be taken for a particular Unit. If the factory is at different location, Cenvat Credit for each factory should be taken. In case, there are two units at the same location, Cenvat Credit should be taken for each unit separately. CA Abdur Rahman Musba
  • 56. Case Study (Installation outside Ground Plan) An Factory has to set up a Transformer for its factory The Transformer is being set up outside the factory on Government Land. How can Cenvat Credit be availed on installation of the Transformer? CA Abdur Rahman Musba
  • 57. Case Study (Installation outside Ground Plan) The Cenvat Credit of Central Excise cannot be availed directly A contractor has to be appointed for Supply and Installation of Transformer (Composite Contract) The Contractor has to Purchase the Transformer from the Manufacturer/Excise Dealer and take Cenvat Credit on Central Excise After Installation, the Contractor has to Charge Service Tax on the Whole Value of Works at Full Rate. Cenvat Credit can be taken on Service Tax. CA Abdur Rahman Musba
  • 58. Contracts – Capital Goods – Tax Liability CA Abdur Rahman Musba
  • 59. Formalities - Contracts Capital Goods can be purchase through three ways Supply Contract Works Contract Supply & Erection Contract CA Abdur Rahman Musba
  • 60. Supply Contracts Cenvat Credit Under Central Excise can be taken easily as the Invoice is in the name of Buyer For Inter-State Sales, C Form can be issued to minimise Sale Tax. For Regular Purchases, the option for seller to open a depot in the State should be analysed, if input of VAT can be availed CA Abdur Rahman Musba
  • 61. Supply and Erection Contracts For Supply and Erection Contracts, (Divisible Contracts), the Purchase Order and Work Order should be issued Where the supplier is supplying goods from Third Party Manufacturer/Excise Dealer, the Invoice of the third party manufacturer should mention that the Goods are on Account of the Ultimate Buyer. (Contractor should not take Cenvat Credit). CA Abdur Rahman Musba
  • 62. Supply and Erection Contracts (Contd) The Consignee in the Lorry Receipt (LR) should be in the name of the contractor. The LR should be endorse in favour of Buyer before delivery of goods. The Contractor should not receive the Goods at Destination (especially in case of Sale in the course of Inter State sale). Invoice should be raise on the date of endorsement of LR. C Form and E1, E2 Forms should be exchanged. CA Abdur Rahman Musba
  • 63. Case Study In such Contracts, the Supplier Contractor is responsible till Erection is over and handed over. The Contractor has to take insurance till handing over. If the Buyer accepts the goods delivered, what is the Liability of the Contractor after delivery? (Who is responsible for Security and Insurance?) CA Abdur Rahman Musba
  • 64. Case Study When the Goods are received at site, the goods should be handed over to the Contractor, under a contract of Bailment, in pursuant of the Main Agreement, through a Delivery Challan. CA Abdur Rahman Musba
  • 65. Works Contracts For Works Contract, the Contractor can take Cenvat Credit. The Contractor has to charge normal Service Tax on Full Value. However, in case of civil works, Cenvat Credit cannot be availed. In Case of SEZ, Exemption of Central Excise and Service Tax can be obtained even for Civil Works. Whether Works Contract can be split in Supply & Erection Contract should be analysed. Example: In Electrical Works and Goods can be purchased Inter-State and Form C can be issued CA Abdur Rahman Musba
  • 66. Custom Duty CA Abdur Rahman Musba
  • 67. Computation of Custom Duty S Particulars Working Legend Amount No 1 Assessable Value (CIF + 1% of A 1000 CIF) 2 Basic Custom Duty (BCD) 10% of A B 100 3 CVD 10% of A+B C 110 4 Education Cess on CVD 3% on C D 3.3 5 Education Cess on BCD 3% on A+B+C E 6.40 6 Special Additional Duty 4% on F 48.79 A+B+C+D 7 Total 1268.49 Effective Duty 26.85% CA Abdur Rahman Musba
  • 68. Credit for Custom Duty A manufacturer can claim Cenvat Credit on CVD, Education Cess on CVD and SAD A Service Provider can claim Cenvat Credit on CVD and Education Cess on CVD, and not on SAD. A Trader can claim Refund of SAD, if the trader sells the Goods charging VAT/Sales Tax. In a supply and erection contract (Divisible), the Contractor can claim refund of SAD, and the Unit can claim input Credit of CVD, Education Cess on CVD and VAT. CA Abdur Rahman Musba
  • 69. Concession under Custom Duty – Capital Goods Project Imports – Concessional Rate of Custom Duty at 5% or 0% for new Industrial & Infrastructural projects or substantially expansion of old projects. No Condition attached Export Promotion Capital Goods Scheme under the Foreign Trade Policy: Concessional Rate of 3% or 0% Custom Duty. Export Oriented Unit: Custom Duty Exemption (for Capital Goods and Input). Special Economic Zone: Custom Duty Exempted Road Project: Machinery for Construction Exempted CA Abdur Rahman Musba
  • 70. Concession under Custom Duty – Input Advance License Scheme Duty Free Import Authorisation Preferential Rate of Duty CA Abdur Rahman Musba
  • 71. Case Duty - Delay Payment of Custom Duty When Huge Amount of Raw Material is imported (to be used over a period of time), to avail Economy of Scale during Purchase. The Manufacturer does not have the cash to pay the Custom Duty or wants to avoid interest of funds used to pay Custom Duty. What can be done? CA Abdur Rahman Musba
  • 72. Delay Payment (Contd) The Goods can be stored in a Custom Bonded Area/Warehouse. At the time of removal from Warehouse, Custom Duty can be Paid CA Abdur Rahman Musba
  • 73. Case Study – Avoid Demurrage A Capital Goods in imported which is eligible for concessional duty under Project Imports or Export Promotion Capital Goods Scheme. However, the necessary formalities are not completed If the Capital Goods are kept at the Port, huge demurrages to be paid. How to Avoid the Demurrages? CA Abdur Rahman Musba
  • 74. Avoid Demurrage The Goods should be transfer to Custom Bonded Area and Project Can be registered in the Custom Bonded Area and clear the goods at a concessional rate of Duty. CA Abdur Rahman Musba
  • 75. Benefits under Foreign Trade Policy Pre-Shipment Advance License Duty Free Import Authorisation Post Shipment Duty Drawback Duty Entitlement Passbook Scheme Market Focus Scheme Product Focus Scheme Served from India Scheme CA Abdur Rahman Musba
  • 76. Foreign Trade Policy Projects Export Promotion Capital Goods Scheme Manufacturers of Products Hotels, Retailers, Project Imports Export Oriented Unit Scheme Special Economic Zones Deemed Exports Refinery Power Projects EOU, SEZ CA Abdur Rahman Musba
  • 77. Barriers to Foreign Trade Tariff Barriers High Rate of Import Duty Export Duty Free Trade Agreement/Pacts Non Tariff Barriers Phytosanitary Conditions Intellectual Property Rights Transfer of Technology CA Abdur Rahman Musba
  • 78. Fiscal Benefits for Specific Projects CA Abdur Rahman Musba
  • 79. Benefits for New Projects Concessional Custom Duty under Project Imports Deferred Payment of VAT on Sales Exemption of Stamp Duty on Lease, Loan Exemption of Electricity Duty, Entry Tax Subsidy, Grant from Government Concessional Interest from Financial Institution CA Abdur Rahman Musba
  • 80. Income Tax Benefit for New Projects Exemption for Income Tax under 10AA, 35AD, 80 IA, IAB, IB for various Industrial, Infrastructure Projects. Power, Road, Water Infrastructure, SEZ, Cold Storage, Industrial Project in Backward area, are some of the exempted Project MAT is applicable on all Projects, but Creditable in nature. (Cash flow Issue: IRR, NPV, DSCR) The exemption of Tax may not be available due to initial higher depreciation, initial cash losses However, actual exemption available should be determined by Financial Modelling. CA Abdur Rahman Musba
  • 81. Power Projects Exemption from Excise and Custom Duty for Mega Power Projects Export Benefits Available for supplies to Mega Power Projects Cenvat Credit need not be reversed for suppliers to Mega Power Project Income Tax exemption is available For other Independent Power Project; Excise, Custom is a cost Cenvat Credit can be available for Captive Power Plants, even if set up outside the Factory. CA Abdur Rahman Musba
  • 82. Export Promotion Capital Goods Scheme Capital Goods used for Earning Forex Can be used by Hotel, Retailer, Project Imports and other Service Providers Import of Goods under Concessional Custom Duty/Nil Custom Duty Can also avail Indigenous Goods without Payment of Excise Duty Domestic Supplier can avail Export Benefit like Duty Drawback Supply for Deemed Exports is counted for Export Obligations Fulfilment CA Abdur Rahman Musba
  • 83. 100% Export Oriented Unit Exemption under Excise Under CT – 3, ARE 3 Procedure. Supplier of Goods need not reverse Cenvat Credit Supply to EOUs eligible for Export Benefits as deemed exports. Exemption of Custom Duty Service Tax can be availed as Credit and refund can be obtained. CST is eligible for Refund Rate of Excise Duty is equivalent to Custom Duty CA Abdur Rahman Musba
  • 84. Computation of Duty for EOU Sale S Particulars Working Legend Amount No 1 Assessable Value A 1000 2 Basic Custom Duty (BCD) 10% of A B 100 3 CVD 10% of A+B C 110 4 Education Cess on CVD 3% on C D 3.3 5 Education Cess on BCD 3% on A+B+C E 6.40 6 Total Excise Duty B+C+D+E F 219.7 Education Cess on Excise Duty 3% on F G 6.59 7 Total 1226.29 + VAT/CST CA Abdur Rahman Musba
  • 85. Special Economic Zone Exemption of Excise Duty, CST, Custom Duty, Service Tax, R&D Cess for Authorised Operations Cenvat Credit on Goods or Service need not be reversed by the supplier/Service Providers Export Benefits can be availed. However, for units some export benefits is subject to payment made in Forex Exemption of taxes for Civil Works Exemption of taxes for Construction Equipment of the Contractors Income Tax benefit under Section 80IAB, 10AA CA Abdur Rahman Musba
  • 86. Special Economic Zone (Contd) VAT is exempted by way of refund Exemption of Entry Tax (except certain Petroleum Goods) Exemption of Stamp Duty (100% for Developer/Co- Developer and 50% for units) Exemption of Electricity Duty Custom Duty is payable when Sale made to DTA. (If the product is generally not being imported and Custom Duty is not exempted, the Seller have to bear the impact of Custom Duty component) Net Foreign Exchange Earning should be positive CA Abdur Rahman Musba
  • 87. Case Study on SEZ Analysis of Input and Output Taxes is very critical for determination whether unit should be located in SEZ For IT/Electronic hardware, the main products output are exempted from Custom Duty. However, the IT components (inputs) attract Custom Duty Sale of IT related goods in DTA is covered under the Net Foreign Exchange Earning Hence, it is beneficial to set up a unit in SEZ than DTA, as SEZ unit can procure inputs without Custom Duty and sell without paying Excise Duty or Custom Duty CA Abdur Rahman Musba
  • 88. Devil Lies in the Details CA Abdur Rahman Musba
  • 89. Tips to ensure Compliance Scrutinise the Registration Certificates from time to time Keep Proper Documents, even if there is no tax payable. How do you convince the Government Official that your turnover has not exceed the taxable turnover? Maintain proper Registers Have effective internal control Follow Proper System Remember the Security tracks the movements of goods CA Abdur Rahman Musba
  • 90. Tips to ensure Compliance (Contd) Check the official rules relating to documentations both for documents in which exemption/Credit is obtain as well as documents which is issued by the organisation Maintain Proper Record of Suppliers and Purchasers Have adequate personnel for compliance or outsource the job Give regular training to the personnel Conduct regular audits to minimise contravention of law Structure the wording of the Contract, Invoice, Letters CA Abdur Rahman Musba
  • 91. Any Questions CA Abdur Rahman Musba