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Indirect taxes in india- pre gst era

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Indirect taxes in india- pre gst era

  1. 1. INDIRECT TAXES IN INDIA : PRE-GST ERA
  2. 2. CONTENT Types of taxes in India Features of Indirect Tax Provision in Constitution regarding taxations. VAT, concept and various method of computation. Variant of VAT Defects in structure of indirect tax prior to GST
  3. 3. Direct Tax  A Direct Tax is paid directly by an individual or organization to an imposing entity. The burden of direct tax cannot be shifted by the tax payer to someone else. Indirect Tax  The indirect Taxes are Imposed on goods and services The immediate liability to pay Indirect tax lies on the manufacturer/service providers/seller, but the burden is ultimately transferred to the consumer. TYPES OF TAXES
  4. 4. FEATURES OF INDIRECT TAX Taxable Event Incidence and Event Impact of Indirect Tax Regressive Taxation Promote welfare. Major Source of revenue 1 2 3 4 5 6 Taxable Event. Incidence and Impact. Impact of Indirect Tax. Regressive Taxation. Promote welfare. Major Source of revenue. 1 2 3 4 5 6
  5. 5. 1. Taxable Event The Indirect Taxes are levied on purchase/sale/manufacture of good and provision of services. 2. Incidence and Impact The Incidence and Impact fall on two different persons. It means tax burden is shifted by suppliers to buyer or recipient of goods or services. 3. Impact of Indirect Tax The Indirect Tax on goods and services increases its price. This leads to Inflationary trend.
  6. 6. 4. Regressive Taxation The Indirect Tax do not depend on paying capacity as tax payable on commodity is same whether it's purchased by a poor man or a rich man. 5. Major source of Revenue The contribution of Indirect Tax to Total Tax revenue is more than 50%. Therefore is the major sourse of revenue for the Government. 6. Promote welfare The harmful or sin products like alcohol, tobacco, etc. may be taxed at higher rate. This practice not only discourages consumption of such goods but also increases the revenue of the State.
  7. 7. INDIAN CONSTITUTION • (a) The Union Government • (b) The State Government • (c) The Local Government India has a three-tier federal structure, comprising the following: The power to levy taxes and duties is with the distributed among the three tiers of Government, in accordance with the provision of the Indian Constitution. The Constitution consists of a preamble, 25 parts containing 448 articles and 12 Schedules
  8. 8. 2 PROVISIONS OF CONSTITUTION REGARDING TAXATION Thee power to levy and collect taxes emerges from the Constitution of India. The following are the significant provisions of the constitution regarding taxation: 1. Article 265: It states that no tax shall be levied or collected except by authority of law. In fact, it prohibits arbitrary collection of tax. 2. Article 246: The authority to enact law and levy taxes and duties is given by constitution vide Article 246. The Parliament may make laws for the whole of India or any part of the territory of India, the State legislature may make laws for whole or part of the State. 3. Seventh Schedule (to Article 246): The Seventh Schedule contains three lists which enumerate the matters under which the union and the State Governments have the authority to make laws. a) List I (Union List): The Central Government has the exclusive right to make laws in respect of any matter covered in this list. Parliament makes law in this regard. Some other items in List I are defense of India, naval, military and air forces, atomic energy and mineral resources, central bureau of intelligence and investigation, railways, highways, currency, RBI, post office saving bank, taxes on income other than agricultural income, duties of customs, corporation tax, etc. b) List II (State List): It contains the matters in respect of which the State Government as the exclusive right to make laws. These matters include public order, police, local government, public health and sanitation, hospital, burials and burial grounds, cremation ground, libraries, water, fisheries, betting and gambling, etc. c) List II (Concurrent List): It contains the matters in respect of which both Central1& State Governments have powers to make laws. This list includes criminal laws, criminal procedure, marriage and divorce, contracts including partnership, agency, bankruptey and insolvency, trust and trustees, trade unions, industrial and labour disputes, etc.
  9. 9. VAT The Value Added Tax (VAT) was introduced in India in 2005. It is a multi point system of taxation on sale of goods wherein a mechanism is provided to grant credit for tax paid on inputs, Under VAT, the tax is collected in Stages an transactions involving sale of goods. The Input Taxis rebated against output tax. Under the VAT system, the net tax payable is calculated in the following manner: VAT = Tax collected on sales-Tax paid on purchases
  10. 10. WHAT IS CASCADING EFFECT The Cascading effect implies charging tax on tax. In other words, at the time of levy of tax, the total value is considered which is inclusive of all taxes paid up to the point. In this process, the elect of taxation signifies as at each leval tax is calculated on value, which includes tax already levied and paid .The charging of tax is called Cascading Effect of tax.
  11. 11. VARIANT OF VAT Gross Product Variant allows deduction of taxes paid on all purchases of raw material and its consumption, but no deduction is allowed on taxes paid on capital input. Gross Product Variant : The income variant of vat on other hand allows for deductions on the purchase of raw material and components as well as depreciation on capital goods. Income Variant : This variant of tax allows deduction for all business purchases including capital assets. Thus investment is deductible in calculating value added. Consumption Variant : The consumption variant is the most used variant of the VAT. Several countries of Europe and the other continents has adopted the variant as it does not effect dicision regarding investment because the tax on capital goods is also available foe set-off against the VAT liability.
  12. 12. METHODS FOR COMPUTATION OF VAT Additional method: 1 This method aggregates all the factor payment (excluding value of material ) including profits to arrive at the total value addition on which tax rate is applied to calculate the tax. Invoice method : 2 this the most common and popular method of calculating the liability in which tax is imposed on each stage of sales value. Its is also known as ‘Tax credit Method’ or ‘Voucher Method’. Cost Subtraction Method : 3 Under this method , tax is charged only on the value added at each stage of the sales of goods. Since the total value of goods sold is not taken into account the question of grant of claim for set off or tax credit does not arise.
  13. 13. MAJOR DEFECTS IN THE STRUCTURE OF INDIRECT TAXES PRIOR TO GST Multiplicity of Indirect Taxes Non-Availability of cross utilization of taxes Obstructed movement of goods Multiple Repetitive Compliances 1 2 3 4
  14. 14. THANK YOU

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