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Gujarat VAT & CST

This category contains 54 posts

L&T judgment opens a Pandora’s box

Recently, the larger Bench of the apex court in the case of L&T vs state of Karnataka, held that any agreement to sell immovable property entered into prior to construction would fall within the purview of the term ‘works contract’, allowing state governments the power to levy value-added tax (VAT) on such contracts. This issue [...]

Even as India grapples to get States on board for GST, US Senate Passes Internet Sales Tax Legislation

[Source: www.accountingtoday.com; Author: Michael Cohn] The Senate has approved legislation requiring online retailers to collect sales taxes from Internet sales, even if they don’t have a physical presence in the state where the customer resides. The Marketplace Fairness Act has attracted wide support from brick-and-mortar retailers who have seen shoppers coming to their stores to [...]

Gujarat Budget 2013-14 proposals enacted

[By Shaleen Shah (Partner), VNCA] Gujarat Value Added Tax (Amendment) Act, 2013 enacted through Gujarat Act No.9 of 2013 VAT Amendments proposed in Gujarat Budget 2013-14 presented on 24-Feb-2013, was enacted & received the assent of the Governor on 30-Mar-2013. The tax amendments made in the budget and notified vide Notification No. (GHN-4) will be [...]

Gujarat Budget 2013-14 – Proposed changes in VAT & Other Tax Rates

[By Shaleen Shah (Partner), with Kirit Rana (Manager) & Kushal Shah (CA Student), VNCA] The Gujarat Finance Minister placed the Budget for 2013-14 before the State Assembly on 24-Feb-2013. The Budget proposals include the following changes in VAT & Other Tax Rates: Sr. No. TOPIC DESCRIPTION Existing rates Proposed rates 1. LUMP SUM TAX (VAT) [...]

Tax reforms: stage set for GST deal

Panel recommends states be allowed to time their entry; formula proposed for CST compensation The recommendation, largely in line with the demand from states, would be subject to a final nod from finance minister P. Chidambaram. Photo: AFP New Delhi: The centre and states are poised to strike a compromise that will pave the way [...]

Govt may not be able to roll out GST before 2014 polls

Govt may not be able to roll out GST before 2014 polls.

Conclusions of the First OECD Global Forum on VAT

12/11/2012 – First OECD Global Forum on VAT confirms the need for an international standard on the VAT-treatment of international trade Countries around the world need to agree urgently on a global framework for the application of Value Added Taxes (VAT; also called Goods and Services Taxes, GST) to international trade, particularly in services and [...]

Double whammy for franchises

There are conflicting rules on whether a franchise is subject is to service tax, VAT, or both. The negative list has not helped either. Franchising is a prevalent business model whereby the brand owner (or franchisor) provides representational rights to the buyer (or franchisee) for a consideration. This consideration is usually bifurcated into a one-time [...]

Tackling double taxation of software

Budget 2012-13 possibly provides an opportunity to resolve this longstanding problem through the proposed taxation of services. The indirect taxation of information technology software has been a longstanding matter of debate and dispute. In particular, the challenge of double taxation has been endemic. This article highlights the recent developments in this regard which could equally [...]

Gujarat VAT Clarification: Provisional Refund of ITC on Closing Stock

Rule 37(5) read with Rule 15(6) of the Gujarat VAT Rules provide for provisional refund of upto 90% of the unadjusted `input tax credit’ (ITC) where the ITC (other than ITC on capital goods) admissible in the relevant period remains unadjusted against the output tax and if such unadjusted ITC is claimed as a refund [...]