Library Catalogue
A roadmap to central and sales tax : issues and recommendations
Natasha Anand
A roadmap to central and sales tax : issues and recommendations - BangaloreBangalore NLSIU 2012 - 106 p. ; 25 cm.
TABLE OF CONTENTS Chapter I Evolution of Sales Tax In India ; 1.1: Introduction ; 1.2: Evolution of Sales Tax In Different Countries ; 1.3: Sales Tax In India ; 1.4: The Introduction of Sales Tax in Different States in India ; Chapter II Central Sales Tax ; 11.1: Introduction ; 11.2: Nexus Theory ; 11.3: Article 286 of the Constitution ; 11:4: The Sales Tax Validating Act; 11.5: Taxation Enquiry Commission ; 11.6: The Law Commission Recommendations ; 11.7: The Sixth Amendment to the Constitution ; Chapter III Validity of the Central and Sales Tax Act ; III. I : Introduction ; 111.2: Chelliah Committee Report ; Chapter IV Object and Scheme of the Act. ; IV.l : Introduction ; IV.2: Object of the Central and Sales Tax Act ; IV.3: Basic Scheme of the Central and Sales Tax Act ; IV.4: Tax Collected in the State Where Movement of Goods Commences ; IV.5: Inter-State and Intra-State Sale ; IV.6: 'Newspaper' Specifically Excluded ; IV.7: Taxable Event; Chapter V The Concept of Sale; V.l: Introduction; V.2: Section 2(g) of the Central and Sales Tax Act; V.3: Essentials of a Valid Conventional Sale ; V.4: Sale Must be a 'Complete Sale' ; V.5: Element of Price is Essential; y'6: Passing of Property should be Primary Part of Contract ; V.7: Credit Sale is Also a. ' Sale' ; V.8: Self-Consumption Cannot be a 'Sale' ; V.9: Auction Sale is also a 'Sale' ; V.IO: Free Supply is not a ' Sale' ; V.Il: No Sales Tax on Mere 'Agreement to Sale' ; V.12: Transactions which Are Not 'Sale' ; V.12.1: Charge/Mortgage/hypothecation/pledge is not 'sale' ; V.12.2: Job work Processing ; V.12.3: Consignment/depot transfer/branch transfer ; V.12.4: Barter or exchange is not a 'Sale' ; V.13: Sale Under Constitution ; V.14: Deemed Sale Under the CST Act ; V.15: Compulsory Sale is Taxable ; V.l6: Hire Purchase is 'Sale' ; Y.17: Providing Telephone Apparatus and other appliances to subscribers ; Chapter VI Charging Section of the Central and Sales Tax Act ; VI.l: Introduction ; VI.2: Important Words in the Charging Section of CST Act; VI.3: Meaning of 'Inter-State Sale' ; VI.3.1: Section 3(a) Sale Occasioning Inter-State movement; VI.3.2: Transaction of Sale Connected with the Movement of Goods ; VI.3.3: Actual Transfer of property need not necessarily take place in the same State ; VI.3.4: Sale at Auction ; VI.3 .5: Buyer moving Goods Outside the State Of Sale Under the Contract of Sale ; VI.3.6: Buyer Taking Goods Outside The State of Sale Independent of Contract of Sale; VI.3.7: A Preceding Sale is not always necessary ; VI.3.8: In Inter-State Sales: What is Essential is movement or situs of Sale ; VI.3.9: When Does the Sale Occasion the Movement of Goods Sold? ; VI.3.l0: Mere Movement Not Sufficient; VI.3.ll : Seller and Buyer May be in the same State ; VI.3.l2: Each Transaction to be examined ; VI.3.l3: Branch-Transfer or Inter-State Sale ; VI.3 .14: Goods moving under 'Agreement to Sale' is also 'Inter-State Sale' ; VI.3.l5: Temporary Movement through another State is not ' Inter-State Sale' ; VI.4: Sale by Transfer of Documents Section 3(b); VI.4.l: What is 'Document of Title of Goods' ; VI.4.2: Transfer of Document; VI.4.3: What is Transfer during Movement of Goods; VI.4.4: Movement of Goods is Complete only when Delivery is taken; VI.4.5: Illustrations of Transfer during Movement if Goods ; (a) Buyer and Seller can be in the same State; (b) Buyer from One State, Goods Bought from another State, But Goods dispatched to Third State ; (c) Goods Transferred to another Buyer as First Buyer did not take delivery ; Chapter VII Section 4: Sale Outside a State ; VII. 1 : Introduction ; VII.2: "Goods" Under Sale of Goods Act; VII.3: Test to determine ' situs' of Sale ; VII.4: Object of Section 4 ; VII.5: Section 4 is subject to provision contained in Section 3 ; VII.6: Section 4 if also subject to Section 5 ; VII.7: Ascertained or Specific Goods ; VII.8: Unascertained Goods ; VII.9: Situs of Deemed Sale ; Chapter VIII Sale in the Course of Import or Export ; VIlLI: Introduction ; VIIL2: What is sale in the course of Export? ; VIII.3: Purchase of Aviation Turbine Fuel by Indian Carriers Flying Abroad ; VIII.4: Sale Should Occasion the Export ; VIIL5: Sale in the course of Export by Transfer of Document of Title ; VIIL6: Meaning of 'Crossing Custom Frontiers of India' ; VIII.7: Penultimate Sale for Export ; VIII. 8: Sale in the Course of Import ; VIII. 8. 1: Direct Imports ; VIII.8.2: Sale be Agent in India ; VIIL8.3: Privity of Contract between the Ultimate Buyer and Exporter necessary ; VIIL8.4: Sale in the course of Import by Transfer of Document; VIIL9: Sale of Goods stored in Custom Bounds Warehouse is 'Sale in the course of Import' ; Chapter IX Goods of Special Importance ; IX. 1 : Introduction ; IX.2: Additional Levy in lieu of Sales Tax ; IX.3: Goods of Special Importance ; IX.4: Restrictions on State taxation on declared goods ; IX.5: Reimbursement of local tax if declared goods sold Inter-State ...... 76 IX.6: Goods must be sold in same form to obtain reimbursement; IX. 7: Some articles which are held as 'declared goods' ; IX.8: Special Provisions about Paddy and Pulses ; IX.9: Sales Tax Rates Applicable for Sale of Declared Goods; Chapter X VAT and GST in India ; X.l : Introduction ; X.U: VAT: Basic Issues ; X.1.3: 'Fractured' VAT ; X.2: India's Goods and Services Tax ; X.2.1 : Taxation System in India ; X.2.2: Why GST when we have VAT? ; X.2.3: GST Design in India; X.2.4: Impact of GST on Economy- International Experiences ; X.2.5: Impact of GST on Indian Economy ; Conclusion ; Bibliography.
A roadmap to central and sales tax : issues and recommendations - BangaloreBangalore NLSIU 2012 - 106 p. ; 25 cm.
TABLE OF CONTENTS Chapter I Evolution of Sales Tax In India ; 1.1: Introduction ; 1.2: Evolution of Sales Tax In Different Countries ; 1.3: Sales Tax In India ; 1.4: The Introduction of Sales Tax in Different States in India ; Chapter II Central Sales Tax ; 11.1: Introduction ; 11.2: Nexus Theory ; 11.3: Article 286 of the Constitution ; 11:4: The Sales Tax Validating Act; 11.5: Taxation Enquiry Commission ; 11.6: The Law Commission Recommendations ; 11.7: The Sixth Amendment to the Constitution ; Chapter III Validity of the Central and Sales Tax Act ; III. I : Introduction ; 111.2: Chelliah Committee Report ; Chapter IV Object and Scheme of the Act. ; IV.l : Introduction ; IV.2: Object of the Central and Sales Tax Act ; IV.3: Basic Scheme of the Central and Sales Tax Act ; IV.4: Tax Collected in the State Where Movement of Goods Commences ; IV.5: Inter-State and Intra-State Sale ; IV.6: 'Newspaper' Specifically Excluded ; IV.7: Taxable Event; Chapter V The Concept of Sale; V.l: Introduction; V.2: Section 2(g) of the Central and Sales Tax Act; V.3: Essentials of a Valid Conventional Sale ; V.4: Sale Must be a 'Complete Sale' ; V.5: Element of Price is Essential; y'6: Passing of Property should be Primary Part of Contract ; V.7: Credit Sale is Also a. ' Sale' ; V.8: Self-Consumption Cannot be a 'Sale' ; V.9: Auction Sale is also a 'Sale' ; V.IO: Free Supply is not a ' Sale' ; V.Il: No Sales Tax on Mere 'Agreement to Sale' ; V.12: Transactions which Are Not 'Sale' ; V.12.1: Charge/Mortgage/hypothecation/pledge is not 'sale' ; V.12.2: Job work Processing ; V.12.3: Consignment/depot transfer/branch transfer ; V.12.4: Barter or exchange is not a 'Sale' ; V.13: Sale Under Constitution ; V.14: Deemed Sale Under the CST Act ; V.15: Compulsory Sale is Taxable ; V.l6: Hire Purchase is 'Sale' ; Y.17: Providing Telephone Apparatus and other appliances to subscribers ; Chapter VI Charging Section of the Central and Sales Tax Act ; VI.l: Introduction ; VI.2: Important Words in the Charging Section of CST Act; VI.3: Meaning of 'Inter-State Sale' ; VI.3.1: Section 3(a) Sale Occasioning Inter-State movement; VI.3.2: Transaction of Sale Connected with the Movement of Goods ; VI.3.3: Actual Transfer of property need not necessarily take place in the same State ; VI.3.4: Sale at Auction ; VI.3 .5: Buyer moving Goods Outside the State Of Sale Under the Contract of Sale ; VI.3.6: Buyer Taking Goods Outside The State of Sale Independent of Contract of Sale; VI.3.7: A Preceding Sale is not always necessary ; VI.3.8: In Inter-State Sales: What is Essential is movement or situs of Sale ; VI.3.9: When Does the Sale Occasion the Movement of Goods Sold? ; VI.3.l0: Mere Movement Not Sufficient; VI.3.ll : Seller and Buyer May be in the same State ; VI.3.l2: Each Transaction to be examined ; VI.3.l3: Branch-Transfer or Inter-State Sale ; VI.3 .14: Goods moving under 'Agreement to Sale' is also 'Inter-State Sale' ; VI.3.l5: Temporary Movement through another State is not ' Inter-State Sale' ; VI.4: Sale by Transfer of Documents Section 3(b); VI.4.l: What is 'Document of Title of Goods' ; VI.4.2: Transfer of Document; VI.4.3: What is Transfer during Movement of Goods; VI.4.4: Movement of Goods is Complete only when Delivery is taken; VI.4.5: Illustrations of Transfer during Movement if Goods ; (a) Buyer and Seller can be in the same State; (b) Buyer from One State, Goods Bought from another State, But Goods dispatched to Third State ; (c) Goods Transferred to another Buyer as First Buyer did not take delivery ; Chapter VII Section 4: Sale Outside a State ; VII. 1 : Introduction ; VII.2: "Goods" Under Sale of Goods Act; VII.3: Test to determine ' situs' of Sale ; VII.4: Object of Section 4 ; VII.5: Section 4 is subject to provision contained in Section 3 ; VII.6: Section 4 if also subject to Section 5 ; VII.7: Ascertained or Specific Goods ; VII.8: Unascertained Goods ; VII.9: Situs of Deemed Sale ; Chapter VIII Sale in the Course of Import or Export ; VIlLI: Introduction ; VIIL2: What is sale in the course of Export? ; VIII.3: Purchase of Aviation Turbine Fuel by Indian Carriers Flying Abroad ; VIII.4: Sale Should Occasion the Export ; VIIL5: Sale in the course of Export by Transfer of Document of Title ; VIIL6: Meaning of 'Crossing Custom Frontiers of India' ; VIII.7: Penultimate Sale for Export ; VIII. 8: Sale in the Course of Import ; VIII. 8. 1: Direct Imports ; VIII.8.2: Sale be Agent in India ; VIIL8.3: Privity of Contract between the Ultimate Buyer and Exporter necessary ; VIIL8.4: Sale in the course of Import by Transfer of Document; VIIL9: Sale of Goods stored in Custom Bounds Warehouse is 'Sale in the course of Import' ; Chapter IX Goods of Special Importance ; IX. 1 : Introduction ; IX.2: Additional Levy in lieu of Sales Tax ; IX.3: Goods of Special Importance ; IX.4: Restrictions on State taxation on declared goods ; IX.5: Reimbursement of local tax if declared goods sold Inter-State ...... 76 IX.6: Goods must be sold in same form to obtain reimbursement; IX. 7: Some articles which are held as 'declared goods' ; IX.8: Special Provisions about Paddy and Pulses ; IX.9: Sales Tax Rates Applicable for Sale of Declared Goods; Chapter X VAT and GST in India ; X.l : Introduction ; X.U: VAT: Basic Issues ; X.1.3: 'Fractured' VAT ; X.2: India's Goods and Services Tax ; X.2.1 : Taxation System in India ; X.2.2: Why GST when we have VAT? ; X.2.3: GST Design in India; X.2.4: Impact of GST on Economy- International Experiences ; X.2.5: Impact of GST on Indian Economy ; Conclusion ; Bibliography.