CHAPTER I

INTRODUCTION TO VALUE ADDED TAX

WHAT IS VALUE ADDED TAX?
Value Added Tax is a broad-based commodity tax that is levied at multiple stages of
production. The concept is akin to excise duty paid by the manufacturer who, in turn, claims a
credit on input taxes paid. Excise duty is on manufacture, while VAT is on sale and both work
in the same manner, according to the white paper on VAT released by finance minister
Chidambaram. The document was drawn up after all states, barring UP, were prepared to
implement VAT from April. It is usually intended to be a tax on consumption, hence the
provision of a mechanism enabling producers to offset the tax they have paid on their inputs
against that charged on their sales of goods and services. Under VAT revenue is collected
throughout the production process without distorting any production decisions.

WHY VAT IS PREFERRED OVER SALES TAX?

While theoretically the amount of revenue collected through VAT is equivalent to sales tax
collections at a similar rate, in practice VAT is likely to generate more revenue for
government than sales tax since it is administered on various stages on the production
distribution chain. With sales tax, if final sales are not covered by the tax system e.g. due to
difficulty of covering all the retailers, particular commodities may not yield any tax.
However, with VAT some revenue would have been collected through taxation of earlier
transactions, even if final retailers evade the tax net.
There is also in-built pressure for compliance and auditing under VAT since it will be in the
interest of all who pay taxes to ensure that their eligibility for tax credits can be
demonstrated. VAT is also a fairer tax than sales tax as it minimizes or eliminates the problem
of tax cascading, which often occurs with sales tax. These are facilitated by the fact that VAT
operates through a credit system so that tax is only applied on value added at each stage in the
production distribution chain. At each intermediate stage credit will be given for taxes paid
on purchases to set against taxes due on sales. Only at consumption stage where there are no

further transactions will there be no tax credits. Lack of input credit facility in sales tax often
results in tax on inputs becoming a cost to businesses which are often passed on to
consumers. Sales tax is often applied again to the sales tax element of the cost, thus there is a
problem of tax on tax. This is not the case with VAT, which makes it a neutral tax as it
provides the least disturbance to patterns of production and the generation and use of income.
In addition, the audit trail that exists under the VAT system makes it a more effective tax in
administration terms than sales tax as it helps with the verification of VAT amounts declared
as due. This is made possible by the fact that one persons output is anothers input. As with
sales tax imports are treated the same way as local goods while exports are zero- rated to
avoid anti-export bias.
Notwithstanding the advantages mentioned above, it is worth noting that VAT is a
considerably complex tax to administer compared with sales tax. It may be difficult to apply
to small companies due to difficulties of record keeping and its coverage in agriculture and
the services sector may be limited. To cover the high administration costs, VAT rates of 1020 per cent are generally recommended. The equity impact of the relatively high rates have
been a cause for concern as it is possible that the poor spend relatively high proportions of
their incomes on goods subject to VAT. Thus the concept of zero VAT rate on some items has
been introduced.

DIFFERENCE BETWEEN VAT AND CST

Under the CST Act, the tax is collected at one stage of purchase or sale of goods. Therefore,
the burden of the full tax bond is borne by only one dealer, either the first or the last dealer.
However, under the VAT system, the tax burden would be shared by all the dealers from first
to last. Then, such tax would be passed upon the final consumers.
Under the CST Act, the tax is levied at a single point. Under the VAT system, the retailers are
not subject to tax except for the retail tax.
Under the CST Act, general and specific exemptions are granted on certain goods while VAT
does not permit such exemptions. Under the CST law, concessional rates are provided on
certain taxes. The VAT regime will do away with such concessions as it would provide the
full credit on the tax that has been paid earlier.
Under VAT law, first, the dealer pays tax on the sale or purchase of goods. The subsequent
dealer pays tax on the portion of the value added upon such goods. Thus, the tax burden is
shared equally by the last dealer. To illustrate the whole procedure of VAT, an example is as
follows:
At the first point of sale, the value of goods is Rs.100. The tax on this is 12.5%. Therefore,
the net VAT would be 12.5%. At the second change of sale, the sale value is Rs.120 and the
tax thereon is 15%. The tax that is to be paid at every point is 15%. The input tax is 15%. The
dealer will get a credit for first change in sale of 2.5%-- i.e. 15% -12.5%. Therefore, 2.5%
will be the net rate. At the third change of sale, the sale value is Rs.150 and the tax on this is
18.75%. At the last stage, the tax paid is 18.75%. The Input Tax is 18.75%. Dealers get a
credit for second change in sale? i.e. 18.75% -15% = 3.75%. Therefore, 3.75% would be the
net VAT. This means that VAT is paid in the last point tax under the sale tax regime.

WHO GAINS?
State and Central governments gain in terms of revenue. VAT has in-built incentives for tax
compliance only by collecting taxes and remitting them to the government can a seller
claim the offset that is due to him on his purchases. Everyone has an incentive to buy only
from registered dealers purchases from others will not provide the benefit of credit for the
taxes paid at the time of purchase. This transparency and in-built incentive for compliance
would increase revenues. Industry and trade gain from transparency and reduced need to
interact with the tax personnel. For those who have been complying with taxes, VAT would
be a boon that reduces the cost of the product to the consumer and boosts competitiveness.
VAT would be major blow for tax evaders, both manufacturers who evade excise duty
payments and traders who evade sales-tax.

WHATLL BE THE TAX BURDEN?

The overall tax burden will be rationalized as itll be shared by all dealers, and prices, in
general, will fall. Moreover, VAT will replace the existing system of inspection by a system
of built-in self-assessment by traders and manufacturers. The tax structure will become
simple and more transparent and tax compliance will improve significantly. It will also be
simpler and offer easy computation and easy compliance. VAT will prevent cascading effect
through input rebate and help avoid distortions in trade and economy by ensuring uniform tax
rates.

WHO PAYS?
All dealers registered under VAT and all dealers with an annual turnover of more than Rs 5
lakh will have to register. Dealers with turnovers less than Rs 5 lakh may register voluntarily.

HOW TO PAY?
VAT will be paid along with monthly returns. Credit will be given within the same month for
entire VAT paid within the state on purchase of inputs and goods. Credit thus accumulated
over any month will be utilized to deduct from the tax collected by the dealer during that

month. If the tax credit exceeds the tax collected during a month on sale within the state, the
excess credit will be carried forward to the next month.

WHICH GOODS WILL BE TAXABLE UNDER VAT?

All goods except those specifically exempt. In fact, over 550 items will be covered under the
new tax regime, of which 46 natural and unprocessed local products would be exempt from
VAT. About 270 items, including drugs and medicines, all agricultural and industrial inputs,
capital goods and declared goods would attract 4% VAT. But, following opposition from
some states, it was decided that states would have option to either levy 4% or totally exempt
food grains from VAT but it would be reviewed after one year. Three items sugar, textile,
tobacco under additional excise duties will not be under VAT regime for one year but
existing arrangement would continue.

OTHER CONSIDERATIONS
It is imperative that policy makers in considering adoption of VAT should be interested in the
economy wide impact of this tax. Special emphasis is often placed on its effect on equity,
prices and economic growth. This is particularly important because of the potential effects on
consumption of certain commodities that have a direct or indirect effect on labour
productivity.

VAT EFFECT ON INFLATION

In considering the introduction of VAT, countries are often concerned that it would cause an
inflationary spiral. However there is no evidence to suggest that this is true. A survey of
OECD countries that introduced VAT indicated that VAT had little or no effect on prices. In
cases where there was an effect it was a one time effect that simply shifted the trend line of
the consumer price index (CPI). To guard against any unforeseen price effects the authorities
may consider a tighter monetary policy stance at the introduction of VAT.

DISTRIBUTION EFFECTS OF VAT

Value added tax is widely criticized as being regressive with respect to income that is its
burden falls heavily on the poor than on the rich.

This emanates from the fact that

consumption as a share of income falls as income rises. Hence a uniform VAT rate falls
heavily on the poor than the rich. This criticism is valid when VAT payments are expressed
as a proportion of current income.

However if, following the premise that welfare is

demonstrated by the level of consumption rather than income, consumption is used as the
denominator the impact of VAT would be proportional.

A proportional burden would also

be demonstrated if lifetime income rather than current income is used. A lifetime income
concept considers the fact that many income recipients are only temporarily at lower income
brackets as their earnings increase. In order to address the regressivity of VAT the following
measures can be taken:

The VAT itself can be used to differentiate taxation of consumer items that are

consumed primarily by the poor such that they pay less or at zero rate or to tax luxury goods
at a higher than standard rate.

VAT exemptions may also be granted on goods and services that are consumed mostly

by the poor.

Equity concerns may also be addressed through other ways, outside the VAT system,

such as other tax and spending instruments of government. This could be in the form of
lower basic income tax rates on the poor or some pro-poor expenditures of government. The
use of multiple rates of VAT has however been widely discouraged for various reasons.
These include:

The fact that sometimes it is almost impossible to differentiate between higher

quality expensive products e.g. food, consumed by the rich and ordinary products
consumed by the poor. Thus any concessions extended may tend to benefit the rich much
more than the poor.

Increased costs of VAT administration as a differentiated rate structure brings

with it problems of delineating products and interpreting the rules on which rate to use.

significantly increased costs of tax compliance for small firms, which are usually

unable to keep separate records/accounts for sales of differently taxed items.

This results

in the use of presumptive methods of determining the tax liability, which leads to
more difficulties in monitoring the compliance. The higher compliance cost resultant from
differentiation of VAT rates may also be regressive with respect to income since smaller firms
with lower income tend to bear proportionately more of the burden than do larger firms.
Exemptions refer to situations where output is not taxed but taxes paid on inputs are not
recoverable. The rationale behind exemptions is to reduce negative distributional effects of
tax through the effect on incomes. The effects of exemption may be as follows:

falling of revenues exemptions break the VAT chain. If exemptions are granted at

prior to the final sale, it results in a loss of revenue since value added at the final stage
escapes tax.

Un-recovered taxation of some intermediate goods may lead to producers substituting

away from such inputs thus distorting the input choices of the said producers.

Exemptions may create incentives to self supply i.e. tax avoidance by vertical

integration.

creep.

Exemptions tend to feed on each other giving rise to a phenomenon called exemption
This arises from the fact that each exemption gives rise to pressures on further

exemption. For example creating an exemption to reduce the tax burden on a particular
commodity or goods may lead to increased pressure for exemption or zero rating of inputs
used for the production of such a commodity.

Based on the above, it is important that care is taken when introducing exemptions in order to
avoid distortions in the production process as well as to minimize revenue loss resulting from
such distortions.
Given the fact that the primary purpose of VAT is to raise government revenue in an efficient
manner and with as little distortions of economic activity as possible, distribution effects are
perhaps better addressed by other forms of tax and government expenditure policies which
can often be better targeted at these aims.

VAT EFFECT ON ECONOMIC GROWTH

Economic growth can be facilitated through investment by both government and the private
sector. Savings by both parties are required in order to finance investment in a noninflationary manner. Compared to other broadly based taxes such as income tax VAT is
neutral with respect to choices on whether to consume now or save for future
consumption. Although VAT reduces the absolute return on saving it does not reduce the net
rate of return on saving. Income tax reduces the net rate of return as both the amount saved as
well as the return on that saving are subject to tax. In this regard VAT may be said to be a
superior tax in promoting economic growth than income tax. Since VAT does not influence
investment decisions on firms, by increasing their costs, its effects on investment can be said
to be neutral.

FEATURES OF VAT
1. Rate of Tax VAT proposes to impose two types of rate of tax mainly:
a. 4% on declared goods or the goods commonly used.
b. 10-12% on goods called Revenue Neutral Rates (RNR). There would be no
fall in such remaining goods.
c. Two special rates will be imposed-- 1% on silver or gold and 20% on liquor.
Tax on petrol, diesel or aviation turbine fuel are proposed to be kept out from
the VAT system as they would be continued to be taxed, as presently
applicable by the CST Act.
2. Uniform Rates in the VAT system, certain commodities are exempted from tax. The
taxable commodities are listed in the respective schedule with the rates. VAT proposes
to keep these rates uniform in all the states so the goods sold or purchased across the

country would suffer the same tax rate. Discretion has been given to the states when it
comes to finalizing the RNR along with the restrictions. This rate must not be less
than 10%. This will ensure By doing this that there will be level playing fields to
avoid the trade diversion in connection with the different states, particularly in
neighboring states
3. No concession to new industries Tax Concessions to new industries is done away with
in the new VAT system. This was done as it creates discrepancy in investment
decision. Under the new VAT system, the tax would be fair and equitable to all.
4. Adjustment of the tax paid on the goods purchased from the tax payable on the goods
of sale All the tax, paid on the goods purchased within the state, would be adjusted
against the tax, payable on the sale, whether within the state or in the course of
interstate. In case of export, the tax, paid on purchase outside India, would be
refunded. In case of the branch transfer or consignment of sale outside the state, no
refund would be provided.
5. Collection of tax by seller/dealer at each stage. The seller/dealer would collect the tax
on the full price of the goods sold and shows separately in the sell invoice issued by
him
6. VAT is not cascading or additive though the tax on the goods sold is collected at each
stage, it is not cascading or additive because the net effect would be as follows: - the
tax, previously paid on the sale of goods, would be fully adjusted. It will be like
levying tax on goods, sold in the last state or at retail stage.

WHATS THE BIGGEST ADVANTAGE?

The biggest benefit of VAT is that it could unite India into a large common market. This will
translate to better business policy. Companies can start optimizing purely on logistics of their
operations, and not on based on tax-minimization. Lorries need not wait at check-points for
days; they can zoom down the highways to their destinations. Reduced transit times and
lower inventory levels will boost corporate earnings. Following are the some more advantage
of VAT: 1. Simplification Under the CST Act, there are 8 types of tax rates- 1%, 2%, 4%, 8%,
10%, 12%, 20% and 25%. However, under the present VAT system, there would only
be 2 types of taxes 4% on declared goods and 10-12% on RNR. This will eliminate
any disputes that relate to rates of tax and classification of goods as this is the most
usual cause of litigation. It also helps to determine the relevant stage of the tax. This is
necessary as the CST Act stipulates that the tax levies at the first stage or the last stage
differ. Consequently, the question of which stage of tax it falls under becomes another
reason for litigation. Under the VAT system, tax would be levied at each stage of the
goods of sale or purchase.
2. Adjustment of tax paid on purchased goods Under the present system, the tax paid
on the manufactured goods would be adjusted against the tax payable on the
manufactured goods. Such adjustment is conditional as such goods must either be
manufactured or sold. VAT is free from such conditions.
3. Further such adjustment of the purchased goods would depend on the amount of tax
that is payable. VAT would not have such restrictions. CST would not have the
provisions on refund or carry over upon such goods except in case of export goods or
goods, manufactured out of the country or sale to registered dealer. Similarly, on
interstate sale on tax-paid goods, no refund would be admissible.
4. Transparency The tax that is levied at the first stage on the goods or sale or purchase
is not transparent. This is because the amount of tax, which the goods have suffered,
is not known at the subsequent stage. In the VAT system, the amount of tax would be
known at each and every stage of goods of sale or purchase.
5. Fair and Equitable VAT introduces the uniform tax rates across the state so that
unfair advantages cannot be taken while levying the tax.
6. Procedure of simplification Procedures, relating to filing of returns, payment of tax,
furnishing declaration and assessment are simplified under the VAT system so as to
minimize any interface between the tax payer and the tax collector.

7. Minimize the Discretion the VAT system proposes to minimize the discretion with
the assessing officer so that every person is treated alike. For example, there would be
no discretion involved in the imposition of penalty, late filing of returns, non-filing of
returns, late payment of tax or non payment of tax or in case of tax evasion. Such
system would be free from all these harassment
8. Computerization the VAT proposes computerization which would focus on the tax
evaders by generating Exception Report. In a large number of cases, no processing or
scrutiny of returns would be required as it would free the tax compliant dealers from
all the harassment which is so much a part of assessment. The management
information system, which would form a part of integral computerization, would
make the tax department more efficient and responsive.

CHAPTER II

VALUE ADDED TAX IN MAHARASHTRA

Quick Flash Back
Sales tax was first introduced in India in the then Bombay Province as early as March 1938
where a tax was imposed on sale of tobacco within certain urban and suburban areas. In the
year 1946, a general sales tax was introduced levying sales tax at the last stage of sale of
goods.
The Bombay Sales Tax Act, 1959 introduced in 1959 underwent many changes thereafter and
in July 1981, first point tax was introduced wherein goods were classified into three main
schedules, broadly covering tax free goods, intermediate products and finished goods. The
BST Act was repealed and Maharashtra Value Added Tax Act, 2002 came into force w.e.f. 1 st
April, 2005 to usher in the progressive value added tax system in place of the old sales tax
system.
VAT is a progressive and transparent system of taxation which eliminates the cascading
impact of multiple taxation through a multipoint taxation and set-off principle. It promotes
transparency, compliance and equity and therefore, is both dealer friendly and consumer
friendly.
VAT being a multi point tax, envisages an increase in the number of dealers and is based on
the concept of self-assessment and self-compliance. It is therefore, inevitable that the Sales
Tax Department transforms itself into a dealer friendly, focused and dynamic department to
cater to the ever increasing expectations of both the Government and the Trade & Industry.
Sales Tax Department has taken up the challenge to transform their selves and be available
for assisting the dealers in complying with the provisions of the law. They are in the process
of installing a state-wide networked IT system to computerise entire tax administration and
hope to provide online service to the dealers in due course. They are also realigning their
organisational structure to meet the challenges of the new system and stakeholders'
expectations.

Part1 - Introduction
Background
Maharashtra is one of the 21 States which have introduced the Value Added Tax (VAT)
system of taxation from 1st April 2005. With the introduction of VAT, the Sales Tax
Department has moved to a globally recognized sales taxation system that has been adopted
by more than 130 countries.
The design of Maharashtra State VAT is generally guided by the best international practices
with regard to legal framework, as well as operating procedures. Another key factor in
preparation of the design of State level VAT is the national consensus on certain issues. The
consensus has been arrived at through the discussions in the Empowered Committee of State
Finance Ministers on implementation of State level VAT.
On 1st April 2005, VAT replaced the single point sales tax. Single point sales tax had a
number of disadvantages, primarily that of double taxation. VAT is a modern and progressive
taxation system that avoids double taxation. In addition to offering the possibility of a set-off
of tax paid on purchases, VAT has other advantages for both business and government.

It eliminates cascading impact of double taxation and promotes economic efficiency.

It is primarily a self-policing, self-assessment system with more trust put on dealers.

It provides the potential for a stronger manufacturing base and more competitive
export pricing.

It is invoice based, and as a result it offers a better financial system with less scope for
error.

It has an improved control, mechanism resulting in better compliance.

It widens the, tax base and promotes equity.

VAT in Maharashtra is levied under a legislation known as the Maharashtra Value Added Tax
Act (MVAT Act), supported by Maharashtra Value Added Tax Rules (MVAT Rules). VAT is
levied on sale of goods including intangible goods.
The meaning of goods for VAT purposes

Goods means every kind of moveable property including goods of incorporeal and
intangible nature but there are some exclusion, such as newspapers, actionable claims,
money, shares and securities and lottery tickets.
Businesses engaged in. the buying and selling of goods within the scope of the VAT law are
referred to as dealers.
The meaning of 'sale' for VAT purposes
A transaction of sale can be a:

normal sale of goods;

sale of goods under hire-purchase system;

deemed sale of goods used I supplied in the course of execution of works contract;

deemed sale of goods given on lease.

The rate of tax applicable to the goods sold under various classes of sales is uniform.
However, in respect of normal sales of goods and deemed sales of goods under works
contract and specified deemed sale of goods given on lease, the Act provides for an optional
method for discharging tax liability by way of composition. Being so, the tax liability has to
be determined with reference to the option exercised by the dealer for discharging tax
liability.
Businesses covered by VAT
The VAT system embraces all businesses in the production and supply chain, from
manufacture through to retail. VAT is collected at each stage in the chain when value is added
to goods. 1t applies to al1 businesses, including importers, exporters, manufacturers,
distributors, wholesalers, retailers, works contractors and lessors.

Part 2 - Registration under VAT

Rules for registration
If a dealers annual turnover exceeds the below mentioned threshold, then it must register
with the local office of the Sales Tax Department.
All Figures in Rs.
Category

Importer
Others

Annual Turnover of

Turnover of sales or

Fees payable on

Sales

purchase of taxable

registration

1,00,000
5,00,000

goods not less than

10,000
10,000

100
100

If the dealers turnover is less than the above threshold, then they are not liable to collect and
pay VAT. However, if a dealer wishes to avail the benefits of being a registered dealer, then
they may apply for voluntary registration by paying a fee of Rs.5,000/ -.
Benefits of being a registered dealer
As a registered dealer, they are entitled to:

collect VAT on the sales;

claim set-off of tax (input tax credit) paid on purchases;

Issue tax invoices and, be competitive.

Effective date of registration

The effective date of registration, that is, the date front which a dealer may charge VAT on
sales; will depend on the date they first become liable to pay VAT. This date will be
determined as follows:
a) New businesses:
If a dealer is not registered because their annual turnover is less than the threshold; their
liability to account for VAT starts from the date they cross the threshold.
b) Existing businesses:
If a dealer took over an existing business that is registered for VAT, then they will be liable to
pay tax on sales from the date they took over the business.
c) Voluntary registration:
If a dealer is registered on a voluntary basis, then he will be liable to account for VAT from
the date shown on the certificate of registration.
d) Late registration:
If a dealers turnover has exceeded the appropriate threshold but they have applied late for
registration, then he can charge VAT on his sales only after they are registered, i.e., from the
date shown on the certificate of registration.
Further, having crossed the threshold, it is an offence to be engaged in business as a dealer
without a certificate of registration
Certificate of registration
A dealer should prominently display the certificate and hologram, or a copy of the certificate
and hologram, at each place where they carry can on their business.
If a dealer has more than one place of business, then Sales Tax Office will provide them,
upon their request, one copy of the certificate of registration and hologram for each additional
place of business.
If a dealer loses his / her certificate of registration or hologram, or it is accidentally destroyed
or defaced, then they may obtain a duplicate copy of the certificate of hologram from their
sales tax office.

The certificate of registration and hologram is personal to the dealer to whom it is issued and
is non-transferable.
Changes to business circumstances
If, following dealer register, there are any amendments to the details they can be reported
while applying for registration, it must done within 60 days of the change, inform us in
writing.

Where the amendment involves a:

change in the name of the business;

change in the constitution of the business without dissolution of the firm;

change in the trustees of a Trust;

change in the guardianship of a ward;

change in the Karta of a Hindu Undivided Family;

conversion of Private limited Company to a Public limited Company;

change in the place of business;

addition of new place of business;

formation of a partnership with regard to the business,

an application made by a dealer for insolvency or liquidation of their business;

an application made against dealers business for insolvency or liquidation;

opening or closing of a bank account;

A dealer will not need to make a fresh application for registration. However, the
communication to the Registering Authority concerned should be made within sixty days of
the change or occurrence of the event.
Cancellation of registration
A dealer will be liable to pay VAT while their registration is effective. If however, their
turnover falls below the threshold, he may choose to apply for cancellation of his registration.
However, he should continue to collect and pay VAT in the normal way until his registration
is formally cancelled. Alternatively, they may be allowed the registration to continue.
If a dealer:

discontinue the business;

dispose of or sell or transfer the business;

A dealer must inform the Sales Tax Department within 30 days of the event. In case of
disposal or sale of business, their successor will need to apply for a fresh registration
certificate.
For cancellation of registration a dealer should submit form 103 which is available with the
local

sales

tax

office.

It

can

also

be

downloaded

from

the

website

www.vat.maharashtra.gov.in
If the Sales Tax Department cancels the dealers registration, they must return the Certificate
of Registration
The cancellation of their certificate does not affect their liability to pay any tax, interest or
penalties in respect of any period prior to the date of cancellation of their registration.

The obligations of a registered dealer

Following are the registration, which dealers are obliged to:

display prominently their certificate of registration and hologram in their place of

business, and a copy of the certificate and hologram in each of the other places where
they carry on their business;

inform their sales tax office of any changes in the details previously reported to the
sales tax office;

collect VAT on all sales at appropriate rates;

calculate the tax due and submit correct, complete and self consistent returns and pay
the amount of tax due on or before the due dates;

issue tax invoice / bill or cash memorandum to all customers;

maintain adequate records and retain them for a period of five years from the end of
the tax year to which they relate;

extend co-operation to the officers of the Sales Tax Department at dealers business
premises and provide all assistance to them to discharge their duties.

Part 3 - Explaining VAT

How VAT works
When a dealer sell goods, the sale price is made up of two elements; the selling price of the
goods and the tax on the sale. The tax is payable to the State Government.
The tax payable on sales is to be calculated on the selling price. The tax paid on purchases
supported by a, valid tax invoice is generally available as set-off (input, tax credit) while
discharging the tax liability on sales.
Example
The following example shows how the VAT works through the chain from manufacturer to
retailer.
Company A buys iron ore and other consumables and manufactures stainless steel utensils;
Partnership firm B buys the utensils in bulk from Company A and polishes them;
shopkeeper C buys some of the utensils and purchases packing, material from vendor D,
packages them and sells the packed utensils for the public.

(The sale and purchase figures shown in the example are excluding tax)
Particulars
Company A
Cost of iron are and consumables
Sales of unpolished stainless steel utensils
Value added

Amount

VAT @

(Rs.)

4% (Rs.)

50,000
1,50,000
1,00,000

Company A is liable to pay VAT on Rs.1,50,000/- @ 4%

Less Set Off
Net VAT amount to pay with the Return (Note: Tax invoice

2000

6000
(2000)
4000

issued by Company A will show sale price as Rs.1,50,000/- tax

as Rs.6,000/-. Therefore, the total invoice value will be
Rs.1,56,000/-)
Partnership B
Purchases unpolished stainless steel utensils.
Sales polished stainless steel utensils
Value added

1,50,000
1,80,000
30,000

Partnership B is liable to pay V AT on Rs.1,80,000 at 4%

But can claim set off of tax paid on purchases
Net VAT amount to pay with the Return
Shopkeeper C
Purchases polished stainless steel utensils
Packing material
Total Purchases
Sales
Value added
Shopkeeper C is liable to pay V AT on Rs.2,25,000 @ 4%
Set off of tax paid on purchases (Rs.7,200 + Rs.200 of packing

7,200
(6,000)
1200
1,80,000
5,000
1,85,000
2,25,000
40,000
9,000
7,400

material)
Net VAT amount to pay with the Return

1,600

Vendor D
Tax paid costs
Sales
Value Added

Nil
5,000
5,000

Vendor D is liable to pay VAT on Rs.5,000 @ 4%

200

The VAT due on the value added through the chain, i.e., 4% on

9,000

Rs.2,25,000 is :
The State Government received the tax in stages. The payments of tax were as follows:
Particulars

Amount (Rs.)

Suppliers of Company A
Company A
Partnership B
Shopkeeper C
Vendor D
Total

2,000
4,000
1,200
1,600
200
9,000

Thus, through a chain of tax on sale price and set off on purchase price, the cascading impact
of tax is totally eliminated.

Since set-off of tax on purchases is given only on purchases from registered dealers where tax
is collected separately, dealers purchases from unregistered dealers, imports, inter-state
purchases and purchases from registered dealers without separate tax collection are not
entitled to set-off.
In practice, the tax is finally borne by the ultimate consumer, who is not a registered dealer, in
this case, people who buy utensils from the shopkeeper C.
Rates of value added tax
There are two main rates of VAT 4% and 12.5%. The goods are grouped into five schedules
as under:
Schedule
A
B
C

Rate of tax
Illustrative Items
0%
Vegetables, milk, eggs, bread
1%
Precious metals and precious stones and their jewellery
4%
Raw materials, notified industrial inputs, notified information

20% and

above
12.5%

technology products and a few essential items

Liquor, petrol, diesel etc
Other than items specified in schedules A, B, C & D.

(The list is illustrative and not exhaustive. Please refer to the schedules for details)

Difference between tax free goods and exempt sales

It is sometimes confusing to have goods that are tax free and sales that are exempt. Both
result in no VAT being charged, so what is the difference?
Tax free goods do not attract tax at any stage of sale or in any type of transaction, whereas,
exempted sales are certain types of transactions, viz., export sales which are exempt from tax.
Composition schemes
Certain dealers may find it difficult to keep detailed records for claiming set-off. For such
dealers, a simpler and optional method of accounting for VAT has been introduced. This
method is the composition scheme. It may be noted that composition scheme is not meant to
be a tax concession scheme but only a simplification of tax calculation and payment system.
Tax payable by dealers opting for composition in lieu of VAT
The following classes of dealers are eligible for option to pay tax under composition:

Resellers selling at retail, i.e., to consumers,

Restaurants, eating houses, hotel (excluding hotels having gradation of 'Four Star and
above), refreshment rooms, boarding establishments, clubs and caterers,

Bakers,

Dealers in second-hand passenger motor vehicles and

Works contractors

Dealers engaged in the business of providing mandap, pandal, shamiana.

Accordingly, if the dealer has opted for payment of tax liability under composition, the tax
liability has to be determined in terms of the guidelines given in the relevant Notification in
this regard. Apart from the terms and conditions governing each of the composition schemes,
the Notification explains the methodology for computation of turnover liable to tax and the
rate of composition payable.
A dealer can opt for the composition option at the beginning of the financial year and has to
continue to be a composition dealer at least till the end of that financial year. If dealer wishes
to switch, over to normal VAT, he can do so only at the beginning of the next financial year.
However, a new dealer can opt for composition at the time of registration.
In respect of works contract, the contractor can choose to discharge tax liability under
composition option. Moreover, such an option can be exercised by the contractor on contract
to contract basis.

Part 4 - Calculating tax liability

In, order to calculate how much tax a dealer has to pay, he must, first determine his turnover
of sales and turnover of purchases. The second stage is to ascertain the amount of tax due for
payment.
Calculating turnover of sales and purchases
The turnover of sales is the total of the amounts received or receivable (excluding VAT
charged separately) in respect, of the sale of goods, less the amount refunded to a purchaser
in respect of goods returned, within six months of the date of the sale.
Similarly, the turnover of purchases is the total of the amounts paid or payable (excluding
VAT charged separately) in respect of the purchase of goods less (the amounts repaid to
dealer in respect of goods they return, within six months of the date of purchase.
Credit notes and debit notes.
If the sale price, or the purchase price, of any goods is varied and either a credit note or a
debit note is issued, then the credit note or the debit note, as the case may be, should

show separately, the tax and the price.

be accounted for in the period in which the appropriate entries are made in their books of
accounts.

Special cases
Auctioneers
If dealer is an auctioneer, then they must include in their turnover, the price of the goods they
auction for their principal
Hotels
There are special rules for hotels and other establishments that provide boarding and lodging
for an inclusive amount.
The rules provide a formula to enable them to calculate their turnover of sales for meals (food
and beverages) which they provide.
The supply of food in a restaurant also includes an element of service. But the full amount
charged is the sale price for the purposes of calculating turnover and tax.
Works contracts
VAT applies only to the sale of goods. Supply of services is not liable to VAT. Works
contracts are deemed sales where both, goods and services are provided in a transaction and
cannot be separated.
A works contract may involve the creation of immoveable property, e.g. a house, a factory or
a bridge. Some other examples of works contracts are photography, repairs & maintenance
etc.
To calculate the amount a dealer should include it in their turnover of sales, so that they may
deduct it from the total contract price, the

costs of labour and service charges.

amount paid to sub-contractors.

charges for planning and designing, and any architect's fees.

hiring charges for machinery and tools.

cost of consumables, such as, water, gas and electricity.

Dealers administrative costs relating to labour and services and any other similar
expenses.

any profit element that relates to the supply of labour and services.

Alternatively, in lieu of the deductions as above, a dealer may choose to discharge the
liability arising on works contracts by referring to the table prescribed in the rules.

If the dealer finds that it is too complicated to calculate the deductions, then they may opt for
a composition scheme for any works contract.
Sales and purchases not liable to tax under VAT
The VAT law specifically excludes from value added tax all imports, exports and inter-state
transactions. These transactions are covered by the CST Act. Similarly, transactions that take
place outside Maharashtra are not within the scope of MVAT Act.
Point of levy in certain cases
Hire purchase
Where there is a hire purchase agreement or an agreement for sale by installments, the date of
the sale is deemed to be the date of the delivery of goods. This is despite the fact that legal
ownership of the goods only passes to the buyer after payment of the final installment.
If the hire-purchase agreement specifies the interest component then in calculating the sales
price, dealer should disregard the interest component included in the agreement.
Calculating the amount of VAT due on sales
Dealer should also make some adjustments to the total turnover of sales to arrive at the
amount on which tax is due.
From the total sales one should deduct

the total of exports and inter-State sales.

the total of sales of goods that are tax free, and

branch / consignment transfers to locations in Maharashtra as well as other States.

the tax collected.

To calculate the tax due, dealer should start allocating their turnover of sales in the return
period (net of the above deductions) to the rates of tax they have been charged. They should
also ensure that the correct tax rates are applied. The information should be readily available
from their records. This gives the total of sales tax due.
Calculating the turnover of purchases
Records will provide the total figure, but they may not have paid VAT on all their purchases.
They must now deduct the total value of

imports from out of India.

inter-State purchases.

purchases of tax free goods.

direct purchases from exempted units under the Package Scheme of Incentives.

consignment transfers, and

local purchased from unregistered dealers.

local purchases from registered dealers not supported by tax invoice.

The resulting figure represents purchases against tax invoices from registered dealers.
Calculating the amount of set off due (VAT paid on purchases)
This is the next stage of tax calculation. At this stage VAT is charged on total purchases.
Dealer must, however, make some adjustments to this amount for, in certain cases, the full set
off of the VAT paid on purchases is not available.
Adjustments to tax available for set off

If dealers purchases include goods, used

o as fuel, or
o for the manufacture of any tax-free goods, or
o as packaging for tax-free goods, this goods should be sold.

Then a dealer must calculate the value of those items and deduct tax @ 4% of the
corresponding purchase price from the amount otherwise available for set off. (Not applicable
to PSI dealers other than the New Package Scheme of Incentives for Tourism Projects, 1999
and also to manufacturers of tax-free sugar or fabrics covered by Entry A 45 and where such
goods are sold in the course of export falling under section 5 of the CST Act, 1956).
Similarly, if the goods are stock transferred by way of branch / consignment transfer to a
place outside the State, deduct tax @ 4% (1 % in respect of goods covered by Schedule B) of
the corresponding purchase price from the amount otherwise available for set off.
Dealer must also make further adjustments as follows:

If they have been used any goods (other than capital assets) as part of a works contract
for which they have been opted for payment composition @ 8% on the total contract
value, they must also deduct 36% of the amount from the set off otherwise available
(4% of purchase price in respect of construction contracts for which they have been
opted for payment of composition @ 5% on total contract value).

Where a dealers sales are less than 50 % of their gross receipts, then they can claim
set off only on those purchases of goods or packing materials effected in that year
where the corresponding goods are sold within six months of the date of purchase or
consigned within the said period to another State by way of stock transfers.

In respect of office equipment, furniture or fixtures which have been treated as capital
assets, a dealer should reduce set-off otherwise entitled by an amount equal to 4% of
the purchase price.

If a dealer is the retailer of liquor vendor and its actual sale prices are less than the
Maximum Retail Price, there is a special formula for calculating the amount of the
adjustment. Effectively this means that, if a dealer sells at 75% of the MRP then they
can claim set off only to the extent of 75% of the tax paid.

A dealer can not claim any set off for the tax paid on any purchases that remain unsold
on the date when business discontinues.

All this information should be available from their records, including tax invoices and bills or
cash memorandum they have issued, and the tax invoices they have received.
Set off not available
There are various items on which set-off is not available such as, goods of incorporeal or
intangible character other than those specified, passenger motor vehicles, motor spirits, crude
oil, building material used for construction etc.
Conditions for claiming set off
A dealer can claim set off only for VAT paid on purchase if they have a valid tax invoice for
that transaction and they had maintain account of purchases showing the specified details.
Tax payable
The amount of set-off admissible can be adjusted against tax payable. The amount of net tax
payable is the total of sales tax collected on sales less the set-off available.
Refund cases
If the amount of set-off admissible during the period is more than the amount of tax payable,
then dealers return would reflect a balance refundable to the dealer. The amount of set-off
can be more than the tax payable for a variety of reasons, such as

Inputs are taxable at higher rate as compared with the rate of tax on output.

Outputs are tax-free goods while inputs carry tax.

Outputs are export sales.

Outputs are CST sales which are taxable at the concessional rate of CST.

Manufactured goods or trading goods are transferred to branches outside the State or
are sent on consignment transfers.

Apart from part of the admissible set-off which can remain unutilized, excess credit can be on
account of:

unutilised portion of tax deducted at source or

refund payment order or

ad-hoc payment made is more than tax payable.

Whatever may be the reason for credit in excess of tax due and payable during a tax period,
dealers are eligible to claim refund of such excess credit. For the purpose of granting refund,
dealers have been classified under two categories viz. a) specified class of dealers and b)
other dealers
Refund to specified class of dealers
Specified classes of dealers are :

Exporters exporting out of the country or dealers selling to an exporter against form
H.

A unit set-up in SEZ or STP or EHTP or a 100% EOU unit. These units have to be
certified by the Commissioner of Sales Tax.

An Entitlement Certificate holder availing of the benefit of incentives

under

the

Package Scheme of Incentives (PSI).

Specified class of dealers and the dealers who have made a sale in the course of inter-State
trade or commerce and in the return he has shown any amount to be refundable are eligible to
claim refund in each of the returns filed by them. Full amount of excess credit can be claimed
as refund due for the return period.
The dealer eligible to claim refund has to file refund application in Form 501. The application
has to be filed with the Refund Branch. The Refund Branch may ask for Bank Guarantee and
any relevant information for checking correctness of refund claimed. Normally, refund would

be granted within one month from the receipt of Bank Guarantee or within three months from
the date of receipt of refund application in Form 501, or as the case may be, the date of
receipt of the additional information, whichever is later.
Refund to other dealers
Other dealers are not eligible to get refund in each of the return filed. They are required to
carry forward excess credit to the next return within the same financial year and claim refund
of excess credit in the return for the period ending March.
The dealer claiming refund in March return has to make refund application in Form 501. The
application has to be filed with the Refund Section. Normally, refund would be granted
within six months of the end of the year to which the return relates. However, refund would
be granted within six months to the new dealers at the end of the year succeeding the said
year.
Audit of refund claims
The refund granted to dealer would be subject to audit by the Refund Audit Section. The
audit may be taken up before granting the refund or after the refund is granted. Normally,
refunds made against Bank Guarantee would be taken up for audit after the refund has been
granted. During the course of the audit, the audit team will check dealers eligibility to claim
refund and the correctness of the amount of refund claimed by them.
Interest on delayed refund
No interest is payable on the refund due to a dealer as per returns filed by a dealer. However,
if granting of refund is delayed beyond the above mentioned periods, dealer is eligible for
interest for delayed payment. Simple interest at the rate of 6% per year would be payable for
the period from the due date to the date of refund.
Some tips for getting timely refund
Dealers claim of refund would be processed faster if:

They had filed the return with the Returns branch as per the prescribed time schedule.

The return filed by the dealers should be correct, complete and self-consistent.

They should have claimed refund as per the appropriate periodicity.

The amount of refund due to them should be computed correctly.

Refund application in Form 501 is filed with the Refunds branch in time.

They should have promptly furnished Bank Guarantee and other details when called
for.

They should keep ready all the documents and records for audit.

They should file the return for a period for which they are required to file.

Thus, if they are required to file a quarterly return, but they file a monthly return, then the
refund would not be granted for the monthly return. In order to be eligible for refund, they
would have to file a quarterly return.

Part 5 - Filing a return and paying the tax

VAT is a self-assessment system and dealers are expected to make self assessment for a
given tax period and declare their VAT liability by filing returns. The returns have to be filed
in the prescribed form and by the specified dates. Further, they are also required to pay the
tax due as per the return filed.
In Maharashtra, return form is return-cum-chalan. As such, filing of returns along-with
payment of tax on or before the due date at the notified bank would be considered as
sufficient compliance. However, where any amount of tax including interest or penalty is due
as per a fresh or revised return, then they should first pay such amount in Government
Treasury and file the return in the local office of Sales Tax Department along with a self
attested copy of the chalan. If no payment is due or a refund is claimed as per the return, they
are also required to file the return in the local office of the Sales Tax Department.
Return forms
The return forms prescribed are as follows.
Form No.
To Be Used By
221
All VAT dealers other than dealers executing works contract, dealers engaged
in leasing business, composition dealers (including dealers opting for
composition only for part of the activity of the business), PSI dealers and
222

notified Oil Companies.

All composition dealers whose entire turnover is under composition
(excluding works contractors opting for composition and dealers opting for

composition only for part of the activity of the business).

VA T dealers who are also in the business of executing works contracts,

223

leasing and dealers opting for composition only for part of the activity of the
business.
PSI dealers holding Entitlement Certificate (Transactions by PSI dealers

224

relating to the business of execution of works contracts, leasing, frading and

composition only for part of the activity of the business to be included in a
separate return in Form 223).
Notified Oil Companies (Transactions by OIL Companies relating to the

225

business of execution of works contracts, leasing and composition only for

part of the activity of the business to be included in a separate return in Form
223).
A dealer can refer to the instructions given in the form before filling the return.
Please ensure that the return for a tax period covers all the transactions of sales, purchases,
branch transfers received, branch transfers made etc. Further, they must ensure that all the
columns of the return are duly filled in and are clearly legible. If a particular column is not
relevant, please do not leave it blank but mention" not applicable". The return filed by them
must be correct, complete and self-consistent.
Time schedule for filing returns
Periodicity of filing returns is as follows:

Retailers who have opted for composition should file six-monthly returns.

Newly registered dealers should file quarterly returns until the end of the year in
which they first register.

All package scheme dealers should file quarterly returns.

All other dealers should file returns as given below :o Dealers whose tax liability in the previous year was less than Rs.1,OO,OOOj(Rs.1lakh) or whose entitlement for refund was less than Rs.10,OO,OOOj(Rs.10lakh) should file six-monthly returns.
o Dealers whose tax liability in the previous year was more. than Rs.10,00,000(Rs.10lakh) or whose entitlement for refund was more than Rs.l,00,00,000(Rs1crore) should file monthly returns.
o All other dealers should file quarterly returns.

Filing and payment dates for return-cum-chalan are as follows:

Return Frequency
Monthly
Quarterly
Six Monthly

Filing / Payment date

21 days from the end of the return period
21 days from the end of the return period
21 days from the end of the return period

Scrutiny of returns filed

The return filed by the dealer should be correct, complete, and self-consistent in every
respect. The Sales Tax Office will check the return to ensure that there are no obvious errors
in consistencies or contradictions in calculations. If this check reveals discrepancies, then the
dealers will be advised and invited to submit a fresh return. The department will issue this
defect notice within four months of receiving their return. Then they should file their fresh
return within 30 days of the notice. If they fail to do so, it will be deemed not to have filed the
return within the time allowed, and will so liable to a penalty charge.
At the same time, as the department issues the defect notice, dealers will be sent a 'show
cause' notice, explaining that a penalty may be imposed.

Offences relating to filing of returns and payment of tax

The following are the offences liable for interest / penalty / prosecution etc.

Short- payment / non- payment of tax due

Failure to file returns

Delay in filing returns

Knowingly furnishing false returns

Filing of incorrect or incomplete or inconsistent returns

Consequences for filing a return, which is not correct, complete and self-consistent
Each of the returns filed by them is checked to confirm that the same is correct, complete and
self-consistent. In case the return is defective, a defect notice is issued by the Returns Branch
pointing out the error or the omission. On receipt of the notice, it is required to file fresh
return which is correct, complete and self-consistent and should also pay differential tax due,
if any.
The return filed by them in response to defect notice is termed as Fresh Return and the dealer
should indicate so on the return in the space provided for the same.
Fresh return rectifying the defects has to be filed within the time limit specified in the defect
notice. Failure to comply with the notice would be construed as non-filing of return and
consequently, a unilateral (ex-parte) assessment order would be passed.

Failure to file a return

If dealers fails to file a return within the time allowed, then they are committing an offence
and, in addition to any tax and interest that may be due, which is liable to a penalty.
As no return has been filed by them, a unilateral assessment without giving them a notice will
be made. This unilateral assessment order is non-appealable. However, they can get this
assessment order cancelled only by filing the return and paying the tax and interest due as per
the return. For this purpose they should file application in Form 304 and submit to Returns
Branch.
Paying the tax due
All the dealers or the person must file their return and should pay the tax due, in a bank that
is authorized to accept the return. If they are required to file a revised return, and the tax due
exceeds the amount which they had paid when submitted earlier form, then they should pay
the balance amount which is due now.
The bank will give them an acknowledgement of the receipt of their return and payment. If
there is any doubt that where to file the return and pay the tax due, then can ask to their local
sales tax office.
Revised return
Subsequent to filing the return, in case dealer notices any error or omission, then they can file
a revised return before expiry of eight months from the end of the financial year to which the
return relates or before a notice for assessment is served, whichever is earlier. Such return
should be accompanied by payment of tax and interest, if any. In case the return filed by them
is a revised return, then they should indicate it on the return form in the space provided for
the same.
The various types of returns and their description have been summarised as under:
Type Of

Description

Return
Original

The return filed by the dealer originally along with the payment in the

Fresh

bank.
The return filed by the dealer after the department issues a defect

Revised

notice.
The return filed by them to correct any error or omission.

Filing of returns in special cases

The first return for the newly registered dealer is for the period up to the end of the quarter
containing the date of its registration.
Example 1
The turnover exceeds the threshold on 1st November. Then they should apply for registration,
which is granted on 30th November and the date of effect is 1st November. The first return is
for the quarter ended 31st December covering the period 1st, April to 31st December; and the
second return is for the quarter ending following 31st March.
Example 2
If turnover exceeds the threshold on 1st November. But dealer apply late for registration i.e.
on 10th December, and the registration is granted on l0th December, then the date of effect
registration is 10th December i.e., Date of application. The first return is due for the quarter
ending on 31st December (covering. the period 10th December to 31st December).

Filing of return in case of cancellation of registration

Dealers registration may be cancelled if they discontinue, transfer or sell the business. They
may also choose to cancel their registration if their turnover falls below the threshold limit.
Example
If dealers file the returns quarterly and their, last return was for the quarter ending 30th
September. If a dealer closes the business on 15th November, then their final return will be
for, the period 1st October to 15th November. The return should be filed within one month,
that is, before 15th December.
Dealer under the Package Scheme of Incentives
If dealers hold a Certificate of Entitlement granting an exemption from payment of tax or
deferment of payment of tax, it should be for the unit which is eligible for the incentives, file
a quarterly return, in Form 224. They must continue to file quarterly return till the Certificate
of Entitlement remains valid.
When the validity of the Certificate of Entitlement ends, then dealer must file:

a quarterly return, in form 224, for the period from the first day of the quarter in
which the event occurs to the date the Certificate of Entitlement ceases, and

a quarterly return, in form 221 or 222 or 223 as the case may be, for the remainder
of that financial year. For succeeding years, the period and frequency of the returns
will be determined on the basis of the tax liability or entitlement for refund of the
preceding financial year.

Filing multiple returns

Dealers are required to file a single return at its principal place of business for all its
businesses or places of business. If they desire to file separate returns for separate places /
divisions, then they must apply for Form 211 for permission to file multiple returns. Dealer
should ensure that correct, complete and self-consistent returns are filed at all the locations in
the State.
Tax deduction at source by an employer in a works contract

The works contractor is obliged to pay the tax on the works contracts executed by him.
However, the employer i.e. the notified person who has engaged the works contractor is
obliged to deduct tax at the specified rate from the amount payable to the works contractor,
excluding the amount of tax, if any, separately charged or service tax levied by the
contractor.. The tax amount so deducted and paid to the Government treasury IS considered
as a payment made on behalf of the works contractor.
The employer is required to deposit this tax and issue a certificate of tax deduction at source
in the prescribed format based on which the works contractor is allowed to take the credit of
the same while discharging his tax liability.

Part 6 - Records and accounts

Keeping records
Proper records are an essential part of effective management and control of their business.
Dealers are required by law to keep a true and accurate account of the transactions effected
by them. This will also help them to correctly quantify their tax liability or refunds, as the
case may be.
They should keep all their accounts, registers and documents relating to their stocks of goods,
purchases, sales and deliveries of goods, at their place of business. If they wish to keep them
at a different location they may do so, but only if they have the permission of the
Commissioner of Sales Tax.
Nature of records
Normally, this department will not expect them to keep any special records for VAT purposes.
However, the records that they do keep should have sufficient details to enable them to
correctly calculate the amount of VAT due for payment and file their return.
If Sales Tax Office happens to find that their records are not properly maintained, then they
will issue a notice, informing dealers about what records they must keep.
A dealer should maintain the following records:

to identify the nature and value of goods purchased and sold;

distinguish between o local sales, interstate sales & exports.

o local purchases, interstate purchase & imports.

indicate value of o sale and purchase of tax free goods.

o sales exempted from tax.
o purchases from URD.
o rate-wise purchases & sales.
o local purchases from registered dealer with VAT shown separately.

record payments for the purchases and sale of goods in cash book / bank book.

include a summary of VAT paid separately on purchases, VAT charged on sales, VAT
paid to the State treasury and VAT refundable / refunded to the dealers.

contain adequate proof that goods have been exported or imported;

be supported by invoices for all goods purchased, and copies of invoices, and bills or
cash memoranda, issued for goods sold.

Tax invoices and memoranda of sales or purchases

As a registered dealer, they should issue a tax invoice when they sell goods to another
registered dealer and charge VAT. For sales made to consumers and unregistered dealers, they
must issue a tax invoice, or a bill or cash memorandum. However, if a dealer is a composition
dealer other than a works contractor, they must issue a bill or cash memorandum only and not
a tax invoice. Failure to issue a tax invoice or a bill or cash memorandum may result in a
penalty.
The tax invoice must contain:

the words 'Tax invoice', printed in bold letters at the top or at a prominent place;

dealers name, address and registration number (TIN).

the name, address and the registration number of the purchaser;

serial number of the invoice;

date of issue;

description of the goods, the quantity and price of the goods sold;

rate and the amount of the tax charged and indicated separately;

prescribed declaration regarding validity of the registration and payment of tax;

And it must also be signed either by dealer or by someone who is authorized by the dealer.
If a dealer issues a bill or cash memorandum, it must contain:

words 'Bill / cash memorandum', printed in bold letters at the top or at a prominent
place;

if a dealer is 'a composition dealer (other then works contractor) then the words
Composition Dealer at the top of the bill / cash memorandum;

dealers name, address and registration number (TIN);

the name and address of the purchaser;

serial number of the bill / cash memorandum;

date of issue;

description of the goods, the quantity and price of the goods sold;

prescribed declaration' regarding validity of the registration and payment of tax;

And it must also be signed either by dealer or by someone who is authorized by the dealer.
Retention of records
A dealer must keep all their records including tax invoices / bill / cash memorandum, relating
to their stock of goods, purchases, sales, deliveries and payments made or received for the
purchase or sale of goods for a minimum of five years from the end of the year to which they
relate.
However, in case any legal proceedings are pending; the records pertaining to that period
should be retained till the proceedings reach finality.
Independent audit of accounts by a Chartered Accountant
If dealers annual turnover of sales exceeds Rs.40lakhs, or if they hold a license for the
manufacture or sale of liquor, then they must have their books of accounts audited by a
practicing chartered accountant.

The Chartered Accountant's audit report, to be made on Form 704 and it must be submitted
within 8 months from the end of the financial year. If they fail to submit the audit report to
the Sales Tax Department within the prescribed time, then they may be liable to a penalty.
Production and inspection of accounts and documents
If the concerned sales tax authorities have reason to believe that there may have been
attempts to evade the payment of tax, they may require dealer to produce all their books of
accounts.
If a dealer fails to comply with such a requirement, it may commit an offence and will be
liable to a penalty.

Part 7 - Business Audit

Business Audit is a new function of the Sales Tax Department. This will be conducted by the
Sales tax officials ordinarily at the dealer's place of business. This audit is independent from
the audit by a Chartered Accountant. Business Audit is however, not an activity of
enforcement for search and seizure at dealers' business premises.
Objectives of Business Audit
The objective of a Business audit is to close any possible gap between the tax declared by' a
dealer and the tax legally due. It aims to ensure optimum revenue collection and voluntary
compliance. The aim of Business audit is to encourage the highest possible level of voluntary
compliance in a system of self-assessment.
Selection for audit
The main purpose of an audit is to ensure tax compliance, cross check of transactions and
initiate corrective actions, if necessary. The returns filed by the dealers will be examined for
discrepancies. Based on such examination and pre-determined criteria, some dealers will be
selected for audit. Generally, cases selected for audit will include those dealers

who file its returns late

in whose case they have reason to believe that the return may not be correct or a
detailed scrutiny is necessary

chosen randomly, on the basis of certain criteria.

A dealer who consistently and regularly complies with the VAT law and files correct,
complete and self consistent returns will normally not be selected for audit. The selection of
audit cases will be by exception rather than as a rule.

The Business Audit Process

If any of the dealers business is selected for an audit, then Sales Tax Office will inform them
and then fix a suitable date.
The audit officer will inspect the books of accounts and supporting documents. At that time
dealer should make available any information or documents that he may require to enable
him to carry out the audit effectively and speedily.
The audit officer may like to understand dealers business process and examine their stocks
of goods. He may also like to interview the person or its employees for this.
The audit officer cannot remove any books of accounts or documents from their premises.
However, audit officer can request for copies.
Results of the audit
If the audit shows that the returns filed do not reflect the true picture of the dealers business,
then the auditor may discuss the matter with the dealer and will give guidance to them to
prevent recurrence and will also explain them about what action should be followed. The
audit may result in additional tax demand or a refund.
Additional tax demand
If any additional tax is due, the auditor will issue a notice explaining the additional demand.
If the dealer accepts the additional demand shown, then they should file a revised return
along-with the payment of tax.

However, if the dealer disagrees with the findings of the auditor, then they may proceed to
assess their case and issue an assessment order unless they are able to provide evidence and
convince the audit officer not to assess them for additional demand. The assessment order
will also include interest due from the date they should have paid the tax to the date of the
assessment. In addition, they may also impose a penalty. They should pay the dues as per the
assessment order or they may prefer an appeal against this order.
Time limit for audit
There is no time limit prescribed for conducting Business Audit. Normally, they may carry
out an audit within two years of filing the return. They may follow the timelines as prescribed
for completion of assessments under the MVAT Act and MVAT Rules.
Investigation
Normally, the Sales Tax Department will make Business Audit visits by appointment.
However, if the department suspects any tax evasion, it may conduct investigation of the
business including search and seizure operations at any time without giving notice. Such
investigation will be carried out by a duly authorized investigation officer (not audit officer).

CHAPTER III
APPENDIX
List of important forms referred to in the Guide
Sr.

Form

Subject

No.
1
2
3

Number
101
103
210

Application for Registration under the MV AT Act, 2002.

Application for cancellation of Registration Certificate.
Chalan in respect of payment made otherwise than with return by a

221

dealer under the MVAT Act, 2002

Return-cum-chalan for all VAT dealers other than dealers executing

works contract, dealers engaged in leasing business, composition

dealers (including dealers opting for composition only for part of the
5

222

activity of the business), PSI dealers and notified Oil Companies.

Return-cum-chalan for all composition dealers whose entire turnover
is under composition (excluding works contractors opting for
composition and dealers opting for composition only for part of the

223

activity of the business).

Return-cum-chalan for VAT dealers who are also in the business of
executing works contracts, leasing and dealers opting for composition

224

only for part of the activity of the business.

Return-cum-chalan for PSI dealers holding Entitlement Certificate.
(Transactions by PSI dealers relating to the business of execution of
works contracts, leasing, trading and composition only for part of the
activity of the business to be included in a separate return in Form

225

223).
Return-cum-chalan for Notified Oil Companies. (Transactions by OIL
Companies relating to the business of execution of works contracts,
leasing and composition only for part of the activity of the business,

304

to be inc1uded in a separate return in Form 223).

Application for cancellation of assessment order under section (1) of

10
11

310
311

section 23 of the Maharashtra Value Added Tax Act, 2002.

Appeal against an order of assessment, interest, penalty or fine.
Application for grant of stay against order of assessment, penalty,

12
13

414
501

interest or fine
Application for tax clearance certificate.
Application for refund under sub-section (1) of section 51 of the

14

704

Maharashtra Value Added Tax Act, 2002.

Audit report under section 61 of the Maharashtra Value Added Tax
Act, 2002.

List of Sales Tax Offices in the State of Maharashtra

There are total 40 Sales Tax Office located all over the Maharashtra. Out which some of
them are in: Mumbai (Head Quarters), Bandra, Raigad (Division), Thane (Division), Kalyan,
Nalasopara, Palghar, Pune (Division), Solapur, Kolhapur (Division), Satara, Sangli, Ratnagiri,
Nasik (Division), Ahmednagar, Aurangabad (Division), Nagpur (Division), Wardha,
Amaravati (Division), Akola, and many more

Conclusion

Bibliography
1. Value Added Tax By Sales Tax Department.
2. www.google.com
3. www.tax4india.com
4. www.vat.maharashtra.gov.in