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INTRODUCTION TO CST ACT,1956
 Tax is levied by Central Government but is administered and
  collected by State Government.
 Tax is collected from the State from which the movement of
  goods start.
 CST is applicable when there is a registered dealer and sale
  is in course of inter-state trade or commerce.
 CST is levied on specified rate on turnover of goods which is
  determined on the basis of sale price,
 Registered dealer deposit the CST return to the notified
  authority in appropriate state in which he is registered.
 Notified authority assesses the liability of registered dealer
  and order refund and penalty accordingly.
FEATURES OF CST,1956
The salient features of CST Act are as under:-
(1) SCOPE: CST extends to the whole of India.
(2) LEVEID BY CENTRAL GOVERNMENT: CST is levied by central govt.
     but it is collected by the state govt. from where the goods have been
     sold. IN case of UT, tax is deposited in the consolidated fund of India.
(3) NO EXEMPTION LIMIT: CST is levied on the turnover made in course of
     inter-state sale. There is no limit for turnover, as it is normally available
     in case of State Sales Tax.
(4) ADMINISTERED BY STATE GOVT.: The CST rules have been framed
     by the central govt. but State governments are allowed to adopt such
     rules as they deem fit. The rules regarding return, payment of tax,
     appeal etc. are not given in CST & as such the rules followed by States
     in respect to their Sales Tax Laws, are followed for the purpose of CST
     Act.
(5) CONCESSIONAL RATES: Concessional rate(2%) of CST is applicable if
      (a) declaration in form C is issued by purchaser who is a registered
     dealer;
      (b) Certificate in form D is issued by govt. if buyer is govt.
(6) SALES ARE EXEMPT: Certain sales are exempt under
 CST Act if
     (a) Sale is within the state as it subject matter of General
 Sales Tax of State.
     (b) Subsequent Sale during Inter State movement by
 transfer of documents to registered dealer/govt.
     (c) Sales or purchase of goods in the course of import or
 export .
(7) CATEGORIES OF GOODS: CST Act has divided Goods
 into two categories:
      (a) Declared Goods or goods of special importance:
 States cannot levy tax on these ‘declared goods’ more than 4%
 and not more than once.
      (b) Other Goods: These goods are subject to CST @10%
 or at the rate applicable to such goods inside the appropriate
 state, whichever is higher.
NEXUS THEORY
Nexus    means connection or link.
 With regard to taxation matters (specially sales tax), it was well accepted
theory that in case, any State has a connection with the sale transaction (say
seller or buyer resides in the state), the state is competent to impose tax on
such transaction.
 Meaning thereby, that in case of inter state sale, both states (the state
where seller is situated and the state where buyer is situated) used to levy
tax.
 Thus, each state having a territorial nexus with the sale, used to levy tax,
with the result that the same transaction had to suffer tax in different states
with the associated hardship to trade, resulting into higher burden of tax on
the ultimate consumers.
           The Law makers were aware of this problem. Therefore, they
introduced Entry 92A and amended Article 286 of the Constitution of India,
imposing restrictions on State power to levy tax, on the following
transactions:
 Inter state sale/ purchase
 Export sale/purchase
 Import sale/purchase
Registration Procedure Under
     central sales act (section 7)
There are two types of registration :-


      Compulsory registration
      • Section 7(1)

      Voluntary registration
      • Section7(2)
Compulsory registration
  under section 6 , dealer is liable to pay
 tax in case he is performing an inter state
 sale.
 Section 7(1) , every dealer who is liable
 to pay tax must apply for registration . He
 has to register himself with the state sales
 tax authorities under the central sales act,
 1956
 It is generally small amount
 The dealer can’t have exemption from
 registration
Voluntary registration
When a dealer is registered under state sales tax
authorities.
He may voluntary want to register himself under
central sales tax act (authorities).
Dealer may register even though he is not liable
to pay tax.
Generally , this provision is useful incase a dealer
purchases interstate sale and perform sales within
the state.
So that , he may purchase at concessional rates
of tax against Form C.
Purchases
(interstate)
                 Voluntary
                registration
               (to purchase
                     at
               concessional
                   rates)
   Sales
  (within
   state)
Procedure for registration
Application for registration is to be made in
prescribed Form A with prescribed fees as per
central sales tax (registration and turnover) rules
within 30 days from date when dealer becomes
liable to CST.


    APPLIACTION
                                           Within 30 days
         IN              Prescribed
                                            when dealer
    PRESCRIBED              fees
                                               liable
      FORM A
The Application should be duly signed and verified as
 provided under law following can sign the application     :

Type of dealer                  Duly signed by

Incase of proprietorship firm   the proprietor

In case of partnership firm     the partner

In case of HUF                  the Karta/manager

In case of company              the director or principal officer
                                authorized
In case of government           Duly authorized officer
Main contents of application form
1) Name of the business
2) Place of the business
3) Address
4) Other places of business inside the state and
   outside the state
5) Registration numbers of above
    If dealer has places of business in
    different states
    he has to obtain separate registration in each
    state
    If dealer has different places of business
    in same state
    He has to register under one state with
    additional places of business on the
Security from dealer
As per provision 7 , the registration authority may ask for proper
security from the applicant for the realization of tax due and proper
custody & use of Forms (C,E1 ,E2, F&H etc ) which are supplied by
the sale tax authorities for use of dealer
Additional security can also be demanded
The security should not be more than tax estimated tax liability
Demanding of security is not essential
The security can refunded partially or wholly such security is not
required
Security furnished by dealer is in form of surety bond
Surety become insolvent or dies, the dealer should within thirty
days of occurrence
Informing the authority who is granting the certificate of
registration
Within ninety days of occurrence , must furnish a fresh surety
bond or other security for the same amount of the bond as in
prescribed manner.
Forfeiture of security
The authority
granting the                             For realizing any
certificate of                           amount of tax or
                                        penalty payable by
registration may by                         the dealer
ordered for some
good or sufficient                    If the dealer is found
cause , forfeit the                   to have misused any
                                      of the Forms or failed
whole or any part of                  to have kept them in
                                          proper custody
the security furnished
by a dealer
       This order for forfeiture can be issued only after
       giving an opportunity of personal hearing to the
       dealer .
Order demanding security

    Additional         Appeal to be filled
demanding security     With in 30 days of
  is appealable       service of the order


    To be filled
 prescribed Form      The appellate order
and with prescribed      shall be final
     authority
Certificate of
   registration of registration in form ‘B’
Dealer will be issued a certificate
A copy of certificate issued for every place of business in the
state
Certificate of registration must be kept in principal place of
business and copy of the certificates should be kept at each
additional place of business
The certificate can be amended for change name place
,nature
But CoR is non- transferable
In case of lost or destroy of certificate , duplicate is issued
for fees charge Rs. 5
In case of rejection of the certificate by sale tax authority ,
the reasons must be recorded in writing .
However , before rejection , personal hearing should be
given to applicant and opportunity to correct or complete
Effective date of
  registration do not contain any provision
The CST Act or Rules
indicating the date from which registration certificate
to be effective.
However court judgment clarified that , the date of
registration is effective from the date which application
for registration is made , even if registration is granted
later.
In fact , registration is made after the first inter sate
sales is effected , the registration is effective from the
date first interstate sale i.e. earlier than the date of
application
E.g. :- thus all sales / purchases made when the
application is pending are to be treated as sales made
Cancellation of
A )registration THE INITIATIVE OF THE
   CANCELLATION AT
ASSESSEEE:
A dealer may apply for cancellation of registration within 6 months
before the year ends if he is not liable to pay any tax
The cancellation of registration from the end of year and can’t be i
the middle of year
B ) SUO MOTTO CANCELLATION BY THE
DEPARTMENT
Sales tax authorities may cancel registration after giving notice if
dealer
 ceased to exist
Has ceased to carry on the business
Has failed to furnish additional security
Has failed to inform the death of surety
Failed to pay tax or penalty payable under the act
Obtained voluntary registration ceases to sales inside the state or
Offences and penalties under CST
 Act
Central sales tax act provides for penalties
and punishments in respect of certain offences
Further, in respect of offences not provided in
the CST act , provisions of VAT law of the state
where the dealer is carrying on business are
applicable
CST Act provides for three types of
punishments :
(a)Imprisonment &fine
(b)Compounding of offences
Section 10 of CST Act provides that punishment up to six
    months of simple imprisonment or with fine or both can be
    imposed for following offences under CST Act
   Knowingly giving declaration in form C , E-I ,E-II ,H,I or J
    which he knows , or has reason to believe , to be false
   Not regarding under CST Act when required to be
    registered
   False representation by a registered dealer that the goods
    being purchased are covered under his certificate of
    registration for concessional rate
   Falsely representing that he is a registered dealer , though
    he is not
   Misusing or using for different purpose the goods obtained
    under C Form at concessional rate
   Having in possession C forms which are not obtained as
    per provisions of the Act
   Collecting any amount representing as Central Sales Tax by
    an un-registered dealer or by a registered dealer in
Compounding of offences
The offences can be compounded
by Sales Tax Authorities . Such
compounding can be done in respect
of any offence enumerated above , if
provisions are available in state laws
In that case , the proceedings in the
court of law will not be launched .
Means , no imprisonment /fine.
Further section 10 A of CST ACT authorities imposition of
penalty in lieu of punishment in respect of offence
regarding
(a)Obtaining goods not included in registration certificate
(b)Purchasing goods representing that he is registered dealer
   , tough he is not
(c)Using goods for purposes different than the proposes for
   which purchased
 The penalty can be up to one and half time the tax which
   would have be
      payable.
 The penalty can be imposed by sales tax authority having
   jurisdiction over the dealer ‘s place of business . Once
   penalty is imposed , prosecution (for imprisonment/ fine) for
   same offence shall not be launched
 Besides above , state laws provide for penalties for other
   offences like late payment or non- payment of tax , false
   declaration of turnover , non- filling or late filling of returns
Sale Tax Authorities
         Excise and Taxation
           Commissioner

       Joint Excise and Taxation
             Commissioner

      Deputy Excise and Taxation
            Commissioner

      Assistant Excise and Taxation
             Commissioner
     Excise and Taxation Officer

         Excise and Taxation
              Inspector
POWERS AND FUNCTIONS
      OF ASSESSING
      AUTHORITIES
Power to demand production of
Account Books
Power to seize the Books
Power to search
Power to seize goods
Reassessment
Power to call for information from
banking companies

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52984075 registration-procedure-under-central-sales-act-section

  • 1. INTRODUCTION TO CST ACT,1956  Tax is levied by Central Government but is administered and collected by State Government.  Tax is collected from the State from which the movement of goods start.  CST is applicable when there is a registered dealer and sale is in course of inter-state trade or commerce.  CST is levied on specified rate on turnover of goods which is determined on the basis of sale price,  Registered dealer deposit the CST return to the notified authority in appropriate state in which he is registered.  Notified authority assesses the liability of registered dealer and order refund and penalty accordingly.
  • 2. FEATURES OF CST,1956 The salient features of CST Act are as under:- (1) SCOPE: CST extends to the whole of India. (2) LEVEID BY CENTRAL GOVERNMENT: CST is levied by central govt. but it is collected by the state govt. from where the goods have been sold. IN case of UT, tax is deposited in the consolidated fund of India. (3) NO EXEMPTION LIMIT: CST is levied on the turnover made in course of inter-state sale. There is no limit for turnover, as it is normally available in case of State Sales Tax. (4) ADMINISTERED BY STATE GOVT.: The CST rules have been framed by the central govt. but State governments are allowed to adopt such rules as they deem fit. The rules regarding return, payment of tax, appeal etc. are not given in CST & as such the rules followed by States in respect to their Sales Tax Laws, are followed for the purpose of CST Act. (5) CONCESSIONAL RATES: Concessional rate(2%) of CST is applicable if (a) declaration in form C is issued by purchaser who is a registered dealer; (b) Certificate in form D is issued by govt. if buyer is govt.
  • 3. (6) SALES ARE EXEMPT: Certain sales are exempt under CST Act if (a) Sale is within the state as it subject matter of General Sales Tax of State. (b) Subsequent Sale during Inter State movement by transfer of documents to registered dealer/govt. (c) Sales or purchase of goods in the course of import or export . (7) CATEGORIES OF GOODS: CST Act has divided Goods into two categories: (a) Declared Goods or goods of special importance: States cannot levy tax on these ‘declared goods’ more than 4% and not more than once. (b) Other Goods: These goods are subject to CST @10% or at the rate applicable to such goods inside the appropriate state, whichever is higher.
  • 4. NEXUS THEORY Nexus means connection or link.  With regard to taxation matters (specially sales tax), it was well accepted theory that in case, any State has a connection with the sale transaction (say seller or buyer resides in the state), the state is competent to impose tax on such transaction.  Meaning thereby, that in case of inter state sale, both states (the state where seller is situated and the state where buyer is situated) used to levy tax.  Thus, each state having a territorial nexus with the sale, used to levy tax, with the result that the same transaction had to suffer tax in different states with the associated hardship to trade, resulting into higher burden of tax on the ultimate consumers. The Law makers were aware of this problem. Therefore, they introduced Entry 92A and amended Article 286 of the Constitution of India, imposing restrictions on State power to levy tax, on the following transactions:  Inter state sale/ purchase  Export sale/purchase  Import sale/purchase
  • 5. Registration Procedure Under central sales act (section 7) There are two types of registration :- Compulsory registration • Section 7(1) Voluntary registration • Section7(2)
  • 6. Compulsory registration  under section 6 , dealer is liable to pay tax in case he is performing an inter state sale. Section 7(1) , every dealer who is liable to pay tax must apply for registration . He has to register himself with the state sales tax authorities under the central sales act, 1956 It is generally small amount The dealer can’t have exemption from registration
  • 7. Voluntary registration When a dealer is registered under state sales tax authorities. He may voluntary want to register himself under central sales tax act (authorities). Dealer may register even though he is not liable to pay tax. Generally , this provision is useful incase a dealer purchases interstate sale and perform sales within the state. So that , he may purchase at concessional rates of tax against Form C.
  • 8. Purchases (interstate) Voluntary registration (to purchase at concessional rates) Sales (within state)
  • 9. Procedure for registration Application for registration is to be made in prescribed Form A with prescribed fees as per central sales tax (registration and turnover) rules within 30 days from date when dealer becomes liable to CST. APPLIACTION Within 30 days IN Prescribed when dealer PRESCRIBED fees liable FORM A
  • 10. The Application should be duly signed and verified as provided under law following can sign the application : Type of dealer Duly signed by Incase of proprietorship firm the proprietor In case of partnership firm the partner In case of HUF the Karta/manager In case of company the director or principal officer authorized In case of government Duly authorized officer
  • 11. Main contents of application form 1) Name of the business 2) Place of the business 3) Address 4) Other places of business inside the state and outside the state 5) Registration numbers of above If dealer has places of business in different states he has to obtain separate registration in each state If dealer has different places of business in same state He has to register under one state with additional places of business on the
  • 12. Security from dealer As per provision 7 , the registration authority may ask for proper security from the applicant for the realization of tax due and proper custody & use of Forms (C,E1 ,E2, F&H etc ) which are supplied by the sale tax authorities for use of dealer Additional security can also be demanded The security should not be more than tax estimated tax liability Demanding of security is not essential The security can refunded partially or wholly such security is not required Security furnished by dealer is in form of surety bond Surety become insolvent or dies, the dealer should within thirty days of occurrence Informing the authority who is granting the certificate of registration Within ninety days of occurrence , must furnish a fresh surety bond or other security for the same amount of the bond as in prescribed manner.
  • 13. Forfeiture of security The authority granting the For realizing any certificate of amount of tax or penalty payable by registration may by the dealer ordered for some good or sufficient If the dealer is found cause , forfeit the to have misused any of the Forms or failed whole or any part of to have kept them in proper custody the security furnished by a dealer This order for forfeiture can be issued only after giving an opportunity of personal hearing to the dealer .
  • 14. Order demanding security Additional Appeal to be filled demanding security With in 30 days of is appealable service of the order To be filled prescribed Form The appellate order and with prescribed shall be final authority
  • 15. Certificate of registration of registration in form ‘B’ Dealer will be issued a certificate A copy of certificate issued for every place of business in the state Certificate of registration must be kept in principal place of business and copy of the certificates should be kept at each additional place of business The certificate can be amended for change name place ,nature But CoR is non- transferable In case of lost or destroy of certificate , duplicate is issued for fees charge Rs. 5 In case of rejection of the certificate by sale tax authority , the reasons must be recorded in writing . However , before rejection , personal hearing should be given to applicant and opportunity to correct or complete
  • 16. Effective date of registration do not contain any provision The CST Act or Rules indicating the date from which registration certificate to be effective. However court judgment clarified that , the date of registration is effective from the date which application for registration is made , even if registration is granted later. In fact , registration is made after the first inter sate sales is effected , the registration is effective from the date first interstate sale i.e. earlier than the date of application E.g. :- thus all sales / purchases made when the application is pending are to be treated as sales made
  • 17. Cancellation of A )registration THE INITIATIVE OF THE CANCELLATION AT ASSESSEEE: A dealer may apply for cancellation of registration within 6 months before the year ends if he is not liable to pay any tax The cancellation of registration from the end of year and can’t be i the middle of year B ) SUO MOTTO CANCELLATION BY THE DEPARTMENT Sales tax authorities may cancel registration after giving notice if dealer  ceased to exist Has ceased to carry on the business Has failed to furnish additional security Has failed to inform the death of surety Failed to pay tax or penalty payable under the act Obtained voluntary registration ceases to sales inside the state or
  • 18. Offences and penalties under CST Act Central sales tax act provides for penalties and punishments in respect of certain offences Further, in respect of offences not provided in the CST act , provisions of VAT law of the state where the dealer is carrying on business are applicable CST Act provides for three types of punishments : (a)Imprisonment &fine (b)Compounding of offences
  • 19. Section 10 of CST Act provides that punishment up to six months of simple imprisonment or with fine or both can be imposed for following offences under CST Act  Knowingly giving declaration in form C , E-I ,E-II ,H,I or J which he knows , or has reason to believe , to be false  Not regarding under CST Act when required to be registered  False representation by a registered dealer that the goods being purchased are covered under his certificate of registration for concessional rate  Falsely representing that he is a registered dealer , though he is not  Misusing or using for different purpose the goods obtained under C Form at concessional rate  Having in possession C forms which are not obtained as per provisions of the Act  Collecting any amount representing as Central Sales Tax by an un-registered dealer or by a registered dealer in
  • 20. Compounding of offences The offences can be compounded by Sales Tax Authorities . Such compounding can be done in respect of any offence enumerated above , if provisions are available in state laws In that case , the proceedings in the court of law will not be launched . Means , no imprisonment /fine.
  • 21. Further section 10 A of CST ACT authorities imposition of penalty in lieu of punishment in respect of offence regarding (a)Obtaining goods not included in registration certificate (b)Purchasing goods representing that he is registered dealer , tough he is not (c)Using goods for purposes different than the proposes for which purchased  The penalty can be up to one and half time the tax which would have be payable.  The penalty can be imposed by sales tax authority having jurisdiction over the dealer ‘s place of business . Once penalty is imposed , prosecution (for imprisonment/ fine) for same offence shall not be launched  Besides above , state laws provide for penalties for other offences like late payment or non- payment of tax , false declaration of turnover , non- filling or late filling of returns
  • 22. Sale Tax Authorities Excise and Taxation Commissioner Joint Excise and Taxation Commissioner Deputy Excise and Taxation Commissioner Assistant Excise and Taxation Commissioner Excise and Taxation Officer Excise and Taxation Inspector
  • 23. POWERS AND FUNCTIONS OF ASSESSING AUTHORITIES Power to demand production of Account Books Power to seize the Books Power to search Power to seize goods Reassessment Power to call for information from banking companies