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THE GOA VALUE ADDED TAX (VAT) ACT, 2005.
Compiled By : Dr.(CA) S. Bhat.
UNIT IV THE GOA VALUE ADDED TAX (VAT) ACT, 2005 (10 Lectures)
a) DEFINITIONS: Business, Dealer, Goods, Declared Goods,
Input Tax, Manufacture, Out Put Tax, Person, Sale, Sale
Price, Turnover, Works-Contract, Taxable Turnover.
b) Registration of Dealer.
c) Incidence of Tax, Composition of Tax, Net Tax of
Registered Dealers, Input Tax Credit, Returns & Payment
of Tax.
(Note:- In case of Goa VAT , small practical problems of 5 marks on computation of
Taxable Turnover, computation of Tax thereon, computation of Net Tax/Tax Liability etc.
of regular dealers as well as dealers in composition may be covered)
a. DEFINITIONS:-
1. BUSINESS:
"Business" includes, -
(i) any trade, commerce or manufacture;
(ii) any adventure or concern in the nature of trade, commerce or manufacture;
(iii) any transaction in connection with, or incidental to or ancillary to trade,
commerce, manufacture, adventure or concern;
(iv) any transaction in connection with, or incidental to or ancillary to the
commencement or closure of such business;
(v) any occasional transaction in the nature of trade, commerce, manufacture,
adventure or concern whether or not there is volume, frequency, continuity or
regularity of such transaction,
whether or not trade, commerce, manufacture, adventure, concern or transaction
is effected with a motive to make gain or profit and whether or not any gain or profit
accrues from such trade, commerce, manufacture, adventure, concern or transaction.
Explanation.- For the purpose of this clause,
(i) the activity of raising of man-made forest or rearing of seedlings or plants shall be
deemed to be business.
(ii) any transaction of sale of capital goods pertaining to such trade, commerce,
manufacture, adventure, concern or transaction shall be deemed to be a transaction
comprised in business.
(iii) sales of any goods, the proceeds of which are credited to the business shall be
deemed to be transactions comprised in business;
2. "Dealer" means any person who carries on the business of buying, selling, supplying or distributing
goods, executing works contract, delivering any goods on hire purchase or any system of payment by
installments, transferring the right to use any goods or supplying by way of or as part of any service,
any goods directly or otherwise, whether for cash or for deferred payment, or for commission,
remuneration or other valuable consideration and includes;
(a) a casual trader;
(b) a commission agent, a broker or a del-credere agent or an auctioneer or any other
mercantile agent, by whatever name called;
(c) a non-resident dealer or an agent of a non-resident dealer, or a local branch of a firm or
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company or association or body of persons whether incorporated or not, situated outside
the State;
(d) a person who, whether in the course of business or not,-
(i) sells goods produced by him by manufacture, agriculture, horticulture or otherwise; or
(ii) transfers any goods, including controlled goods whether in pursuance of a contract or
not, for cash or for deferred payment or for other valuable consideration;
(iii) supplies, by way of or as part of any service or in any other manner whatsoever,
goods, being food or any other articles for human consumption or any drink (whether
or not intoxicating), where such supply or service is for cash, deferred payment or
other valuable consideration;
Explanation-
(a) an agriculturist who sells exclusively agricultural produce grown on land cultivated by him
personally shall not be deemed to be a dealer within the meaning of this clause;
(b) government or departments of Union Governments or Other State Governments and Union
Territories which whether or not in the course of business, sells, supplies or distributes, goods directly
or otherwise, for cash or for deferred payment or for commission, remuneration or other valuable
consideration, shall, in relation to any sale, supply or distribution of surplus, unserviceable or old stores
or materials or waste products or obsolete or discarded machinery or parts or accessories thereof, be
deemed to be a dealer for the purpose of this Act;
(c) each of the following persons and bodies who dispose of any goods including goods as
unclaimed or confiscated or as unserviceable or as scrap, surplus, old, obsolete or discarded material or
waste products whether by auction or otherwise, directly or through an agent for cash or for deferred
payment, or for any other valuable consideration, shall notwithstanding anything contained in clause
(d) or any other provision of this Act, be deemed to be a dealer, to the extent of such disposals,
namely:-
(i) Port Trust;
(ii) Municipal Corporation/Council, and other Local authorities;
(iii) Railway Administration as defined under the Railway Act, 1989 (Central Act 24 of 1989);
(iv) Shipping Transport and Construction Companies;
(v) Air Transport companies and Airlines;
(vi) Transporters, holding permit for transport vehicles granted under the Motor Vehicles Act,
1988 (Central Act 59 of 1988) which are used or adopted to be used for hire;
(vii) Customs and Central Excise Department of Government of India administering the
Customs Act, 1962 (Central Act 52 of 1962) and the Central Excise Tariff Act, 1985
(Central Act 5 of 1986);
(viii) Insurance and Financial Corporations or companies and Banks included in the Second
Schedule to the Reserve Bank of India Act, 1934 (Act 2 of 1934);
(ix) Advertising agencies;
(x) Any other corporation, company, body or authority owned or set up by, or subject to
administrative control of the Government;
(xi) Income Tax Department of Government of India administering the Income Tax Act, 1961
(Central Act 43 of 1961);
(xii) Any other body as may be notified by the Government from time to time.
3. Goods means all kinds of movable property (other than newspapers) and includes livestock, all
materials, commodities, grass or things attached to or forming part of the earth which are agreed to be
severed before sale or under a contract of sale, and property in goods (whether as goods or in some
other form) involved in the execution of works contract, lease or hire-purchase or those to be used in
the fitting out, improvement or repair of movable property but does not include actionable claims,
stocks, shares and securities;
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"Capital goods" means plant and machinery (including spares and components) and equipment used
in or in relation to manufacture or processing of goods for sale or any other goods which is notified by
the Government and used in furtherance of any business excluding such civil structures as may be
prescribed;
4. Declared Goods, - Some goods are declared as goods of special importance and restrictions are
placed on power of State Governments to levy tax on such goods.
Article 286(3)(a) of Constitution of India authorises Parliament to declare some goods as of ‘special
importance’ and to impose restrictions and conditions in regard to power of States in regard to levy,
rates and other incidence of tax on such goods. Parliament can restrict powers of State Government to
tax such ‘declared goods’.
Section 2(c) of CST Act 1956 defines ‘Declared Goods’ as those declared u/s 14 of CST Act as ‘goods
of special importance in Inter State Trade or commerce. Section 14 of CST Act gives a list of such
goods and section 15 specifies restrictions on power of States to tax such goods.
5. Input-tax, Input Tax has been defined in section 2(r) of the Goa Value Added Tax Act, 2005 as
“Input Tax means tax charged under this Act by a registered dealer to another registered dealer on
purchases of goods in the course of business.”
6. Manufacture includes any activity that brings out a change in an article or articles as a result of
some process, treatment, labour and results in transformation into a new and different article so
understood in commercial parlance having a distinct name, character, use and includes extracting any
goods but does not include such activity of manufacture as may be notified;
7. Output tax in relation to any registered dealer, means the tax charged in respect of sale or supply of
goods made by that dealer;
8. Person includes an individual, any Government, any company or society or club or association or
body of individuals whether incorporated or not, and also a Hindu undivided family, a firm and a local
authority and every artificial juridical person not falling within any of the preceding descriptions;
9. Sale with all its grammatical variations and cognate expressions means every transfer of the property
in goods(other than by way of a mortgage, hypothecation, charge or pledge) by one person to another in
the course of trade or business for cash or for deferred payment or other valuable consideration, and
includes –
(a) transfer, otherwise than in pursuance of a contract, of property, in goods for cash, deferred
payment or other valuable consideration;
(b) transfer of property in goods (whether as goods or in some other form) involved in
execution of a works contract;
(c) delivery of any goods on hire purchase or any other system of payment by installments;
(d) transfer of the right to use any goods for any purpose(whether or not for a specified
period), for cash, deferred payment or any other valuable consideration;
(e) a supply, by way of or as part of any service or in any other manner whatsoever, of goods
being food or any other article for human consumption or any drink (whether or not
intoxicating) where such supply or service is for cash, deferred payment or other valuable
consideration;
A sale shall be deemed to take place in Goa if the goods are within Goa,-
(i) in the case of specific or ascertained goods, at the time the contract of sale made; and
(ii) in the case of unascertained or future goods, at the time of their appropriation to the
contract of sale by the seller, whether the assent of the buyer to such appropriation is prior or
subsequent to the appropriation:
Provided that where there is a single contract of sale in respect of goods situated in Goa as
well as in places outside Goa, provisions of this Explanation shall apply as if there were a
separate contract of sale in respect of the goods situated in Goa.
10. Sale price means the amount of valuable consideration received or receivable by a dealer for the
sale of any goods less any sum allowed as cash discount, according to the practice normally prevailing
in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at
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the time of or before delivery thereof, excise duty, special excise duty or any other duty or taxes except
the tax imposed under this Act;
Provided that in case of transfer of property in goods (whether as goods or in some other form)
involved in execution of works contract, the sale price of such goods shall be determined in the
prescribed manner by making such deductions from the total consideration for the works contract as
may be prescribed and such price shall be deemed to be the sale price for the purpose of this clause.
11. Turnover means the aggregate amount of sale price for which goods are sold or supplied or
distributed by a dealer, either directly or through another, whether on own account or on account of
others, whether for cash or for deferred payment, or other valuable consideration;
12. Works contract shall include any agreement for carrying out for cash, deferred payment or other
valuable consideration, the building, construction, manufacturing, processing, fabrication, erection,
installation, fitting out improvement, modification, repair or commissioning of any movable or
immovable property;
13. Taxable turnover means the turnover on which a dealer shall be liable to pay tax as determined
after making such deductions from his total turnover and in such manner as may be prescribed, but
shall not include the turnover of sale in the course of interstate trade or commerce or in the course of
export of the goods out of the territory of India or in the course of import of the goods into the territory
of India and the value of goods transferred or dispatched outside the State otherwise than by way of
sale;
b) REGISTRATION OF DEALER.
Who are liable for registration under VAT?
(i) A dealer is required to register in the following circumstances:
(a) When turnover exceed following limits: [i.e. Limit of turnover for Registration (Basic Exemption)]:
Rs 10,000/- in case of non-resident dealer and casual trader.
Rs 1,00,000/- incase of importer/manufacturers
Rs 5,00,000/- in any other case.
• *For this purpose turnover includes, both the taxable and non-taxable turnover.
• The dealers whose turnover does not exceed the above limits (i.e. Basic Exemption) need not
register under VAT Act,2005. They therefore, should not charge any VAT nor are eligible for
any input credit.
• Every dealer exporting any goods outside India or effecting stock transfers to any State and
Union Territories within India, shall be liable to pay tax on all taxable sales effected within the
State.
(b) when he is registered or liable for the registration under CST Act, 1956.
(c) when a person succeeds business of a dealer due to death or transfer.
(ii) Application for registration in Form VAT-I should be filed within 30 days from date of
commencement of liability and in case of succession within 60 days along with receipted challan for
registration fees. Registration is valid for three financial years.
(iii) A dealer can also apply for voluntarily registration along with registration fees and same is valid
for one financial year.
(iv) An employer who is liable to deduct tax at source from contract payments should apply for
registration in form VAT-XXIV.
RENEWAL
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With effect from 2011-12, the Renewal of Vat Registration is required to be done within 30 days from
the expiry of the Registration Certificate. i.e. Registrations Expiring as on 31-3-2011 need to be
renewed on or before 30-4-2011. Delay in Renewal shall attract Penalty.
What are the fees for registration?
The dealer has to pay registration fees as per turnover limit. Registration Certificate is valid for 3 years
- to be renewed on payment of fees.
Category of dealer Amount of registration
/renewal fees(Rs)
1. Turnover limit upto Rs 5 lakhs. 1,000/-
2. Turnover above Rs 5 lakhs and upto Rs 40 lakhs. 3,000/-
3. Turnover exceeding Rs40 lakhs but Below Rs 1 crore. 5,000/-
4. Turnover of Rs1 crore and above. 10,000/-
5. Voluntary registration 2,000/-
Provisions relating to Registration
(1) No dealer shall, while being liable to pay tax, be engaged in business as a dealer, unless he
possesses a valid certificate of registration as provided by this Act :
(2) Every dealer, required to possess a certificate of registration, shall apply in the prescribed
manner, to the Commissioner.
(3) Every person or dealer liable to pay tax under this Act and who applies for registration under
sub-section (1), sub-section (3) or sub-section (9) of section 18 shall furnish a self-attested
photocopy of the card containing his Permanent Account Number (PAN) obtained by him
under the Income Tax Act, 1961 alongwith the application for registration.”.
(4) Every dealer, already registered under this Act shall furnish the Permanent Account Number
(PAN) obtained by him under the Income Tax Act, 1961within such period and to such
authority, as may be notified by the Commissioner in the Official Gazette, for the purpose of
incorporating it in the registration records.
(5) A person or a dealer who intends to be engaged In business, but is not liable to pay tax under
the provisions of this Act may, if he so desires, apply in the prescribed manner under this sub-
section for the grant of certificate of registration to the Commissioner and if the certificate is
granted, then so long as it is not duly cancelled, the person or dealer shall remain to pay tax.
"Provided that if the person or dealer to whom such certificate of registration is
granted becomes liable to pay tax under any other provisions of the Act, then the
certificate of registration so granted shall cease to be valid unless amended after payment
of prescribed fee
(6) Certificate of registration and its renewal shall not be granted to a dealer unless he has
deposited in Government treasury prescribed fee in the prescribed manner and within the
prescribed time.
(7) The Commissioner may conduct such inquiry as he deems fit and may call for such evidence and
information as he may deem necessary and after the inquiry, if any, and after considering the
evidence and information, if any, he is satisfied that the application for registration made under
this section is in order, he shall register the applicant and issue to him a certificate of registration
in the prescribed form :
Provided that if the Commissioner is satisfied that the particulars contained in the
application are not correct or complete or that any evidence or information prescribed
for registering the applicant is not furnished, the Commissioner may, after giving the
applicant a reasonable opportunity of being heard, reject the application for reasons o
be recorded in writing.
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(8) The Commissioner may, after considering any information furnished under any provisions of
this Act or otherwise received, amend from time to time, any certificate of registration.
(9) If a person or a dealer upon an application made by him has been registered under this section
and thereafter it is found that he ought not to have been so registered under the provisions of
this section, he shall be liable to pay tax during the period from the date on which his
registration certificate took effect until it is cancelled, not withstanding that he may not be
liable to pay under this Act.
(10) Where :-
(a) Any business, in respect of which a certificate of registration has been issued under this
section, has been discontinued, or has been transferred or otherwise disposed of; or
(b) the turnover of sales of a registered dealer has during any year not exceeded the relevant
limit specified in sec.3(4),-
then, in the case covered by clause (a), the dealer shall apply in the prescribed manner and within the
prescribed time for cancellation of his registration to the Commissioner, and in the case covered by
clause (b), the dealer may apply in the prescribed manner for cancellation of his registration to the
Commissioner; and thereupon the Commissioner may, after such inquiry as he deems fit and subject to
rules framed, cancel the registration with effect from such date including any date earlier to the date of
the order of cancellation as he considers fit having regard to the circumstances of the case.-
C) INCIDENCE OF TAX, etc:
Incidence of Tax-
The Goa VAT Act, 2005 is introduced w.e.f. 1-4-2005 in replacement of Goa Sales Tax Act, 1964.
Under this Act, the tax is payable on sale of goods effected by a dealer in State of Goa. The tax is
payable on sale of goods. There is no scheme for levy of purchase tax. The sale of goods includes
transfer of property in goods involved in execution of works contract, lease transactions by way of
transfer of right to use any goods for any purpose, hire purchase and installment transactions, sale of
capital goods, scrap, etc.
(1) Every dealer, whose turnover of all sales made during-
(i) the year ending on the 31st day of March of the year preceding the year in which this
Act is enforced; or
(ii) the year commencing on the 1st day of April of the year during which this Act is
enforced;
has exceeded or exceeds the relevant limit specified in sub-section (4), of this section shall until
such liability ceases under sub-section (3), be liable to pay tax under this Act on his turnover of
sales, made, on or after the appointed day:
Provided that, a dealer to whom clause (i) of sub-section (1) does not apply but clause (ii)
applies and whose turnover of all sales first exceeds the relevant limit specified in sub-section (4)
of this section after the appointed day shall not be liable to pay tax in respect of sales which take
place upto the time when his turnover of sales, as computed from the first day of the year during
which this Act is enforced, does not exceed the relevant limit applicable to him under sub-section
(4).
(2) Every dealer whose turnover, of all sales made, during any year commencing on the first day of
the year, being a year subsequent to the years mentioned in sub-section (1), first exceeds the relevant
limit specified in sub-section (4), shall, until such liability ceases under sub-section (3), be liable to pay
tax under this Act with effect from the said date:
(3) Every dealer who has become liable to pay tax under this Act, shall continue to be so liable until
his registration is duly cancelled; and upon such cancellation his liability to pay tax, shall cease other
than tax, already levied or leviable.
(4) For the purposes of this section, the limits of turnover shall be as follows-
Limit of turnover In case of
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(i) Rs 10,000/- Non-resident dealer and casual trader
(ii) Rs1,00,000/- Importer/manufacturer.
(iii) Rs 5,00,000/- Others.
(5) For the purpose of calculating the limit of turnover for liability to tax,-
(a) except as otherwise expressly provided, the turnover of all sales shall be taken, whether
such sales are taxable or not or of taxable goods or not;
(b) the turnover shall include all sales made by the dealer on his own account, and also on
behalf of his principals whether disclosed or not;
(c) in the case of an auctioneer, in addition to the turnover, if any, referred to in clauses (a)
and (b), the turnover shall also include the price of the goods auctioned by him for his
principal, whether the offer of the intending purchaser is accepted by him or by the principal
or a nominee of the principal, if the price of such goods is received by him on behalf of his
principal;
(d) in the case of a manager or agent of a non-resident dealer, in addition to the turnover, if
any, referred to in clauses (a), (b) or (c), the turnover shall also include the sales of the
non-resident dealer effected in the State.
COMPOSITION OF TAX.
(1) if any registered dealer, of the class specified in Schedule E, whose total turnover in the previous
year does not exceed the limit specified in the said Schedule and who is liable to pay tax under
section 3, so elects, the Commissioner may accept towards composition of tax, in lieu of the net
amount of tax payable by him under this Act, during the year, an amount at the rate shown against
respective class of dealers in the said Schedule calculated on total turnover, either in full or in
installments, as may be prescribed.
• Total turnover for the purposes of this section will include aggregate sales of taxable and
non-taxable goods].
• The dealer has to apply to the Appropriate Assessing Authority in Form VAT-XIII within 30
days from the date of commencement of the financial year.
(2) Any dealer eligible for composition of tax under sub-section (1) shall not :-
(a) be permitted to claim any input tax credit on purchases and on stock held. Similarly input tax
credit cannot be taken by any dealers who make purchases from dealer in composition ;
(b) charge any tax under this Act in his sales bill or sales invoice in respect of sales made by him;
(c) issue tax invoice to any dealer who has purchased goods from him (can issue his usual invoice).
Dealers eligible for composition of tax;
Only the foll. types of dealers are permitted to go in for composition rate.
( The following rates are from 01-04-2012)
Sr. No.
Section 1.01 [Class of dealer]
Limit of
turnover
Rate of
composition
(1) Dealer other than the dealer of liquor in packed bottles,
dealer effecting sale by transfer of right to use any goods
and importer
Rs 100 lakhs 0.5%
(2) Reseller of liquor in packed bottles Rs 100 lakhs 1%
(3) Hotel, restaurant, eating house, refreshment room,
boarding establishment serving food and non alcoholic
Rs 100 lakhs 7%
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beverages; other than starred category hotel, including
establishment serving fast food
(4) Hotel including Bar and Restaurant, serving food,
alcoholic and non-alcoholic beverages.
Rs 100 lakhs 10%
(5) Works contractor other than importer Rs 100 lakhs 3%
(6) Sale of cooked food and non-alcoholic beverages by
shacks allotted by Tourism Department.
Rs 20 lakhs Rs15000/-
per year.
Turnover includes taxable and non-taxable goods. The certificate is valid for one year.
(Benefit of input tax credit is not available. This tax cannot be separately recovered from customers)
Following dealers are not eligible for composition of tax:
1. When he makes interstate sales.
2. When he brings any goods in the State of Goa.
3. When he makes consignment sales or stock transfer out of Goa.
4. When he makes sales in course of import of goods or export of goods out of Territory of India.
5. When he brings or receives goods from other States.
6. When he manufactures any goods for sale except when they are sold in hotel including bar and
restaurant.
7. When he is a non-resident dealer.
8. exceeds the limit of turnover specified under the Act at any time during the year.
Any registered dealer covered under Schedule E, whose turnover in the previous year does not exceed
prescribed limit, and who is liable to pay tax u/s 3 is eligible to apply for composition of tax.
• The dealer has to apply to the Appropriate Assessing Authority in Form VAT-XIII within 30
days from the date of commencement of the financial year.
• However, the Appropriate Assessing Authority may entertain application beyond 30 days but
not later than 60 days from the date of commencement of financial year or from the date of
commencement of validity of registration certificate as the case may be, on payment of late fee
of Rs50 per day of delay or a sum of Rs 1000, whichever is higher.
Provided further that upon an application made by the dealer to the Commissioner, the Commissioner
may, by order, for reasons to be recorded in writing, direct the Appropriate Assessing Authority to
entertain the application for composition of tax made after said sixty days but within one hundred and
fifty days, from the date of commencement of financial year or from the date of commencement of the
validity of registration certificate, as the case may be, on payment of late fee of ` 100/- per day of delay
beyond said 60 days or a sum of Rs 5,000/-, whichever is higher, in addition to the late fee for the
period specified in first proviso above. The dealer shall submit his application to the Commissioner
alongwith application in Form VAT XIII and receipted copy of the challan in proof of payment of late
fee and court fee stamps of the value specified in rule 46 towards processing fee
• The dealer liable for registration u/s 3 (2) & (3) may apply at any time during the year, by
making a self declaration that his turnover during the year will not exceed the specified limits.
• The composition certificate is valid for 1 year.
• It can be renewed every year upon application to be made within 30 days of commencement of
year alongwith declaration as regards to his turnover during the immediate preceding year.
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• The amount of composition tax should be paid at the rates specified in schedule ‘E’ every
month in form VAT-V within 25 days from the end of each month.
INPUT TAX CREDIT.-
Subject to such conditions and restrictions as may be prescribed Input Tax Credit either partially or
wholly shall be allowed for the tax paid during the tax period in respect of goods including capital
goods purchased and/or taken on hire or leased to him within Goa, other than those specified in
Schedule ‘G’ and/or such other goods as may be notified from time to time by the Government,
provided, the goods purchased are for resale in Goa or for sale in course of Inter State Trade or in
course of export outside the territory of India or used by him as raw materials/capital goods in the
manufacture or processing of taxable goods in Goa or for sale by transfer of right to use.
INPUT TAX CREDIT IS AVAILABLE ON FOLLOWING:
(a) Goods purchased for packing taxable goods.
(b) Purchase of raw materials for manufacture of taxable goods.
(c) Purchase of capital goods used in manufacture of taxable goods.
(d) Goods purchased for use in the execution of works contract.
(e) Goods purchased for transfer under right to use.
(f) Goods purchased for sale in the course of Inter-State Trade.
(g) Goods purchased for sale in the course of export outside the territory of India.
(h) Entry Tax paid on goods brought for use or consumption except on capital goods and item covered
under Schedule ‘G’. In case of stock transfers, it will be in excess of 2%.
(i) In excess of 2% tax paid on goods other than capital goods used in the manufacture or processing
of finished goods, which are dispatched outside Goa on stock transfer.
(j) In order to claim input tax credit purchases must be supported by Tax invoice, wherein tax element
is shown separately.
INPUT TAX CREDIT IS NOT AVAILABLE ON FOLLOWING:
(a) Imported goods.
(b) Inter-state purchases or purchases made from outside Goa.
(c) Purchases of raw materials for manufacture of tax-free goods.
(d) Purchases from unregistered dealers.
(e) Purchase of goods for packing tax-free goods.
(f) Purchase of goods specified in Schedule ‘G’.
(g) Purchase of goods, which are not sold because of theft or destruction.
(h) Taxable goods purchased from another registered dealer for resale but given away by way of
samples or gifts.
(i) Capital goods, industrial goods and packing materials covered under Schedule B utilized for the
purpose other than covered in the prescribed declaration in Form VAT–XXX.
(j) Goods purchased by a dealer, who has opted for composition of tax.
(k) Capital goods purchased or paid before appointed date.
(l) Capital expenditure incurred before the date of registration.
(m) Capital goods used in the manufacture of tax-free goods.
(n) Capital goods not connected with the business of the dealer.
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(o) Capital goods used in generation of energy/power including captive power.
(p) Motor cars, its accessories and spare parts.
(q) Unsold stock of goods held at the time of closure of business.
(r) When original tax invoice is not available and tax is not shown separately therein.
(s) Up to 4% of tax paid on goods other than capital goods used in the manufacture or processing of
finished goods, which are dispatched outside Goa on stock transfer, as per Notification No.
4/5/2005-Fin(R&C)(5) dt. 31-3-2005.
(t) Goods purchased for specific purpose and input tax credit availed, but subsequently it is used for
other purpose wholly or partly, the input tax credit should be reduced proportionately at the time of
utilization of goods and reverse tax credit entry should be taken.
(u) If purchase is not supported by tax invoice or tax element is not shown separately, no input tax
credit will be admissible.
(v) Input tax paid on goods sold which are exempt from payment of tax by specific notification under
this Act or under Central Sales Tax Act, 1956.
(w) Input tax paid on motor vehicle including car, three wheeler under this Act or under the Entry Tax
on import of such vehicle before grant of registration mark under M.V. Act, when such vehicle is
resold for true value or otherwise by a registered dealer.
(x) Input tax paid on raw materials used for manufacture of ready mixed concrete.
(y) Input tax paid on Naphtha used as raw material by chemically fertilizer industry.
(z) Entry tax paid on capital goods brought for use or consumption including items covered under
Schedule ‘G’. Input tax credit on other goods, up to of 2%, in case of stock transfers.
NO INPUT TAX CREDIT IN RESPECT OF FOLLOWING CAPITAL GOODS:-
(a) purchased or paid prior to appointed day;
(b) capital expenditure incurred prior to the date of registration under this Act;
(c) capital goods not connected with the business of the dealer;
(d) capital goods used in the manufacture of goods or providing services which are not liable
to tax under this Act;
(e) capital goods used in generation of energy/power including captive power;
(f) motor cars, its accessories and spare parts.
NET TAX PAYABLE AND REFUND OF INPUT TAX CREDIT
Monthly net tax payable is difference between output tax payable on sale of goods after deducting
eligible input tax credit on purchases. The excess input tax credit is required to be adjusted against tax
payable under Goa Tax of Entry of Goods, 2000 or under Central Sales Tax Act, 1956. Input Tax credit
remaining after adjustments can be carried over up to end of next financial year. The balance
remaining input tax credit is refunded within 3 months from end of the respective year. In case of
exporter, refund of excess input tax credit is allowed within 3 months from end of the quarter against
filing application in Form VAT XXVI.
NET TAX OF A REGISTERED DEALER.-
(1) Subject to provisions of section 9, the net tax payable by a registered dealer for a tax period
shall be calculated according to the following formula:-
A – B,
Where,–
A = total of the tax payable in respect of taxable turnover made by the registered dealer
during the tax period; and
11
11
B = total input tax credit allowed to the registered dealer for the tax period.
(2) Where the amount determined by the formula in sub-section (1) is a negative amount, the
registered dealer may carry forward the amount to the next tax period as per provisions of sec.10.
(3) Every registered dealer shall pay in full the net tax payable by him for the tax period at the time
that dealer is required to file his return as may be prescribed.
RETURNS AND PAYMENT OF TAX, ETC.-
Filing of Returns:
(1) Returns are to be filed quarterly in Form VAT– III (regular)/ VAT-IV (composition) within 30
days after end of the quarter along with receipted challans.
“Provided that the Commissioner may, for better compliance of the tax returns, by order, direct
that the returns be accepted beyond said 30 days but not later than 60 days, from the end of quarter
without payment of penalty, as special cases”.
(2) With effect from the first quarter of 2011-12, commencing from 1-4-2011 to 30-6-2011, all the
dealers who have registered themselves under the Goa Value Added Tax Act, 2005 (Goa Act 9 of
2005) including those who have opted for composition of tax under section 7 of the said Act, and the
Central Sales Tax Act, 1956 (Central Act 74 of 1956), and whose turnover for the financial year 2010-
11 has exceeded Rs50 lakhs (Rupees fifty lakhs only), shall file their quarterly returns online through
electronic system. The first compulsory e-return for these dealers shall be due on 31-7-2011.
(3) If any dealer having furnished a return under sub-section (1), discovers any omission or incorrect
statement therein, he may furnish a revised return within 1 year following the last date prescribed for
furnishing original return or before issue of assessment notice, whichever is earlier.
The dealers, who have opted for composition of tax, should file a return in Form VAT – IV within 30
days of the end of every quarter.
Payment of Tax –
What is the time limit to pay the tax ?
VAT dealers are required to pay the tax in the appropriate Government Treasury under chalan
in Form VAT – V as follows:
1. If monthly tax liability exceeds Rs 1,00,000 other
than who had opted for composition of tax.
Within 20 days from the end of each month
2. If monthly tax liability is upto Rs 1,00,000, other
than who had opted for composition of tax.
Within 30 days from the end of each month
3. Who opted for composition of tax. Within 25 days from the end of quarter.
(a) The amount of tax due where the return or revised return has been furnished without full
payment thereof shall be paid forthwith alongwith interest on defaulted amount @ 18%
p.a. or at such higher or lower rate as the Government may notify from time to time.
(b) Any tax, penalty, interest, fine or sum forfeited, which remains unpaid after the service of
notice under section 24 (4), or any installment not duly paid, shall be recoverable as an arrear
of land revenue.
ASSESSMENT
12
12
Returns filed are accepted as self assessed. However, 20% of the dealers can be selected for scrutiny
assessment. No assessments can be made after expiry of 2 years from end of the year in which the
return is filed.
Can the sale bill or cash memo be issued showing the sales as inclusive of tax ?
Ans.:When sales are made to the consumer for which sale bill or cash memo has to be issued, tax
amount may be shown separately in the bill or cash memo or the sale can also be shown as inclusive
of tax.
When the sales are made inclusive of tax, tax amount should be worked out on the following formula :
Tax amount = R x A
100 + R
Where R = rate of tax
A = Aggregate of sales price.
April 2010:
The gross sales turnover of Mr. Aasan a registered dealer in Goa for the quarter ended 30th
June 2017 is Rs. 4,25,000. He has paid in put tax of Rs.5,000 on purchases made from
Registered dealers in Goa .
Included in the gross sales turnover are the following:-
i) Sale of tax free goods in Goa Rs.12,000.
ii) Value of stock transferred from Goa Rs.15,000
iii) Value of goods sent for sale to local agents Rs.7,000.
iv Value of goods returned within 7 months Rs.3,000.
Cash discount of Rs.2,000 is not included in the gross sales turnover. Calculate his taxable
turnover for the above quarter under the Goa VAT Act,2005.
5
13
13
OCTOBER 2010
D ‘ Mr. Mushkil ’ provides the following information pertaining to the
quarter ended on 30th
June 2017.
5
i) Sale turnover taxable @ 12.50% (including VAT) Rs.4,50,000
ii) Input tax credit brought forward from last quarter Rs.8,700.
iii) Input tax credited available on following purchases made during the
quarter.
Value inclusive of VAT VAT
a) Material ‘R’ Rs.2,28,800
Rs.1,57,500
4%
b) Material ‘K’ 12.50%
Compute her tax liability under the Goa VAT Act, 2005 for the above
quarter
14
14
APRIL 2011
D) MR. SOURBH a registered dealer in Goa, provides the following information for the
quarter ended 30th
June 2017.
i) Sale price of Goods received in cash Rs. 4,36,000
ii) Sale price of Goods Receivable Rs.1,00,000
iii) Turnover of Tax free goods ( included in above turnover of goods ) Rs.1,43,500
iv) Cash discount ( not included n the above sales ) Rs.9,000.
v) Goods returned within 3 months from the date of sale in Goa (included in the above
sales) Rs.2,500.
vi) Interstate Sales (Included in the above sales) Rs.1,35,000.
Calculate his taxable turnover for the above quarter under the Goa VAT Act 2005.
15
15
OCTOBER 2011
d) The Gross sales turnover of MR. Vaibhav a registered dealer in Goa for the quarter
ended 30th
June 2017 is Rs.5,00,000
He has paid input Tax of Rs.5,000 on purchases made during the quarter from
Registered Dealers in Goa
The gross sales turnover includes the following:
i) Value of Goods dispatched to local agents for sale Rs.20,000
ii) Value of Stock transferred from Goa Rs.60,000
iii) Sale of goods to a registered dealer from Mumbai Rs.40,000
iv) Value of goods returned after 6 ½ month. Rs.15,000
Calculate his Taxable Turnover for the above quarter under the Goa VAT Act 2005 5
16
16
APRIL 2012
D) Miss Dukaan is a dealer registered under the Goa VAT Act 2005, She
provides the following information pertaining to the quarter ended on
30th
June 2017.
i) Sales Turnover taxable @ 12,5% (including VAT) Rs.4,50,000
ii) Sales Turnover taxable @ 5% (including VAT) Rs.4,20,000
iii) Excess Input tax credit brought forward from last
period
Rs.40,800
compute her tax liability for the above quarter under Goa VAT Act 2005
17
17
OCTOBER 2012
D) Mrs. Sansanati a registered dealer in Goa, provides the following information for
the quarter ending 30th
June 2017
i) Sale prices of goods received in cash Rs. 7,35,000
ii) Sale prices of goods sold for deferred payment. Rs. 1,85,000
iii) Inter state sales (included in above sales) Rs. 1,05,000
iv) Excess input tax credit brought forward from the last
quarter
Rs. 11,250
v) Input tax credit available for purchases made during the
quarter
Rs. 90,000
The rate of VAT applicable to all above sales in Goa is 12.5%
Calculate the amount of Taxable Turnover an Tax liability for the above quarter 5
18
18
APRIL 2015
D) ‘ Mr. Rakesh’, a registered dealer in Goa , provides the following
information for the quarter ended 30th
June 2017
a) Sales turnover taxable @ 12.5% (inclusive of VAT) Rs. 2,53,125.
b) Sales turnover taxable @ 5% (inclusive of VAT) Rs. 1,31,250.
c) Input Tax Credit Available on the following purchases made during the quarter :
Goods Value
(Exclusive of VAT)
VAT Rate
‘M’ Rs. 1,40,000 12.5%
‘N’ Rs. 1,10,000 5%
Compute his tax liability for the above quarter under the Goa VAT Act, 2005. 5
19
19
April 2014
D) ‘Mr. Upanyas’, who is a registered dealer in Goa, provides the following information for the
quarter ended 30th
June 2017
i) Sale prices of goods sold for cash (not inclusive of VAT) 7,34,000
ii) Sale Prices of goods sold for deffered payment
(not inclusive of VAT) 1,12,000
iii) Inter-State Sales (included in the above Sales) 70,000
iv) Excess Input Tax Credit brought forward from last quarter 9,850
v) Input Tax credit available for purchases
Made from registerd delers during the quarter 80,500
The rate of VAT applicable to all the above sales in Goa is 12.5%
Calculate the amount of Taxable Turnover’ and ‘Tax Liability’ for the above quarter , under Goa
VAT Act, 2005.
20
20
OCTOBER 2015
D) The Gross Sales Turnover of ‘Mr. Vilas’, a registered dealers in Goa, for the quarter ended
30th
June 2017 is Rs. 4,50,000. He has paid input tax of Rs.6, 000 on purchases made from
Registered dealers in Goa.
5
The following are included in Gross Sales Turnover
i) Value of Stock transferred from Goa 18,000
ii) Value of goods returned within 8 months 2,500
iii) Sale of tax free goods in Goa 14,000
iv) Value of goods sent for sale to local agents 9,000
Cash discount of Rs. 2,250 is not included in the gross sales turnover
Compute his taxable turnover for the above quarter under the Goa VAT Act, 2005.
21
21
APRIL 2016
Mr. Shiva, who is a registered dealer in Goa, provides the following information for the quarter
ended 30th
June 2017
5
Sale prices of goods sold for cash (not inclusive of VAT) Rs 7,75,000
Sale prices of goods sold for deferred payment Rs 1,25,000
(not inclusive of VAT)
Inter- State sales (included in above sales) Rs 80,000
Import of packing material, inclusive of custom duty Rs 10,000
Excess input tax credit brought forward from last quarter Rs 10,250
ITC available for purchase made from registered dealer Rs 80,250
VAT rate 12.50%
Calculate the amount of Taxable Turnover and Tax Liability for quarter under Goa VAT Act,
2005.
5

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Goa Value Added Tax

  • 1. 1 1 THE GOA VALUE ADDED TAX (VAT) ACT, 2005. Compiled By : Dr.(CA) S. Bhat. UNIT IV THE GOA VALUE ADDED TAX (VAT) ACT, 2005 (10 Lectures) a) DEFINITIONS: Business, Dealer, Goods, Declared Goods, Input Tax, Manufacture, Out Put Tax, Person, Sale, Sale Price, Turnover, Works-Contract, Taxable Turnover. b) Registration of Dealer. c) Incidence of Tax, Composition of Tax, Net Tax of Registered Dealers, Input Tax Credit, Returns & Payment of Tax. (Note:- In case of Goa VAT , small practical problems of 5 marks on computation of Taxable Turnover, computation of Tax thereon, computation of Net Tax/Tax Liability etc. of regular dealers as well as dealers in composition may be covered) a. DEFINITIONS:- 1. BUSINESS: "Business" includes, - (i) any trade, commerce or manufacture; (ii) any adventure or concern in the nature of trade, commerce or manufacture; (iii) any transaction in connection with, or incidental to or ancillary to trade, commerce, manufacture, adventure or concern; (iv) any transaction in connection with, or incidental to or ancillary to the commencement or closure of such business; (v) any occasional transaction in the nature of trade, commerce, manufacture, adventure or concern whether or not there is volume, frequency, continuity or regularity of such transaction, whether or not trade, commerce, manufacture, adventure, concern or transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure, concern or transaction. Explanation.- For the purpose of this clause, (i) the activity of raising of man-made forest or rearing of seedlings or plants shall be deemed to be business. (ii) any transaction of sale of capital goods pertaining to such trade, commerce, manufacture, adventure, concern or transaction shall be deemed to be a transaction comprised in business. (iii) sales of any goods, the proceeds of which are credited to the business shall be deemed to be transactions comprised in business; 2. "Dealer" means any person who carries on the business of buying, selling, supplying or distributing goods, executing works contract, delivering any goods on hire purchase or any system of payment by installments, transferring the right to use any goods or supplying by way of or as part of any service, any goods directly or otherwise, whether for cash or for deferred payment, or for commission, remuneration or other valuable consideration and includes; (a) a casual trader; (b) a commission agent, a broker or a del-credere agent or an auctioneer or any other mercantile agent, by whatever name called; (c) a non-resident dealer or an agent of a non-resident dealer, or a local branch of a firm or
  • 2. 2 2 company or association or body of persons whether incorporated or not, situated outside the State; (d) a person who, whether in the course of business or not,- (i) sells goods produced by him by manufacture, agriculture, horticulture or otherwise; or (ii) transfers any goods, including controlled goods whether in pursuance of a contract or not, for cash or for deferred payment or for other valuable consideration; (iii) supplies, by way of or as part of any service or in any other manner whatsoever, goods, being food or any other articles for human consumption or any drink (whether or not intoxicating), where such supply or service is for cash, deferred payment or other valuable consideration; Explanation- (a) an agriculturist who sells exclusively agricultural produce grown on land cultivated by him personally shall not be deemed to be a dealer within the meaning of this clause; (b) government or departments of Union Governments or Other State Governments and Union Territories which whether or not in the course of business, sells, supplies or distributes, goods directly or otherwise, for cash or for deferred payment or for commission, remuneration or other valuable consideration, shall, in relation to any sale, supply or distribution of surplus, unserviceable or old stores or materials or waste products or obsolete or discarded machinery or parts or accessories thereof, be deemed to be a dealer for the purpose of this Act; (c) each of the following persons and bodies who dispose of any goods including goods as unclaimed or confiscated or as unserviceable or as scrap, surplus, old, obsolete or discarded material or waste products whether by auction or otherwise, directly or through an agent for cash or for deferred payment, or for any other valuable consideration, shall notwithstanding anything contained in clause (d) or any other provision of this Act, be deemed to be a dealer, to the extent of such disposals, namely:- (i) Port Trust; (ii) Municipal Corporation/Council, and other Local authorities; (iii) Railway Administration as defined under the Railway Act, 1989 (Central Act 24 of 1989); (iv) Shipping Transport and Construction Companies; (v) Air Transport companies and Airlines; (vi) Transporters, holding permit for transport vehicles granted under the Motor Vehicles Act, 1988 (Central Act 59 of 1988) which are used or adopted to be used for hire; (vii) Customs and Central Excise Department of Government of India administering the Customs Act, 1962 (Central Act 52 of 1962) and the Central Excise Tariff Act, 1985 (Central Act 5 of 1986); (viii) Insurance and Financial Corporations or companies and Banks included in the Second Schedule to the Reserve Bank of India Act, 1934 (Act 2 of 1934); (ix) Advertising agencies; (x) Any other corporation, company, body or authority owned or set up by, or subject to administrative control of the Government; (xi) Income Tax Department of Government of India administering the Income Tax Act, 1961 (Central Act 43 of 1961); (xii) Any other body as may be notified by the Government from time to time. 3. Goods means all kinds of movable property (other than newspapers) and includes livestock, all materials, commodities, grass or things attached to or forming part of the earth which are agreed to be severed before sale or under a contract of sale, and property in goods (whether as goods or in some other form) involved in the execution of works contract, lease or hire-purchase or those to be used in the fitting out, improvement or repair of movable property but does not include actionable claims, stocks, shares and securities;
  • 3. 3 3 "Capital goods" means plant and machinery (including spares and components) and equipment used in or in relation to manufacture or processing of goods for sale or any other goods which is notified by the Government and used in furtherance of any business excluding such civil structures as may be prescribed; 4. Declared Goods, - Some goods are declared as goods of special importance and restrictions are placed on power of State Governments to levy tax on such goods. Article 286(3)(a) of Constitution of India authorises Parliament to declare some goods as of ‘special importance’ and to impose restrictions and conditions in regard to power of States in regard to levy, rates and other incidence of tax on such goods. Parliament can restrict powers of State Government to tax such ‘declared goods’. Section 2(c) of CST Act 1956 defines ‘Declared Goods’ as those declared u/s 14 of CST Act as ‘goods of special importance in Inter State Trade or commerce. Section 14 of CST Act gives a list of such goods and section 15 specifies restrictions on power of States to tax such goods. 5. Input-tax, Input Tax has been defined in section 2(r) of the Goa Value Added Tax Act, 2005 as “Input Tax means tax charged under this Act by a registered dealer to another registered dealer on purchases of goods in the course of business.” 6. Manufacture includes any activity that brings out a change in an article or articles as a result of some process, treatment, labour and results in transformation into a new and different article so understood in commercial parlance having a distinct name, character, use and includes extracting any goods but does not include such activity of manufacture as may be notified; 7. Output tax in relation to any registered dealer, means the tax charged in respect of sale or supply of goods made by that dealer; 8. Person includes an individual, any Government, any company or society or club or association or body of individuals whether incorporated or not, and also a Hindu undivided family, a firm and a local authority and every artificial juridical person not falling within any of the preceding descriptions; 9. Sale with all its grammatical variations and cognate expressions means every transfer of the property in goods(other than by way of a mortgage, hypothecation, charge or pledge) by one person to another in the course of trade or business for cash or for deferred payment or other valuable consideration, and includes – (a) transfer, otherwise than in pursuance of a contract, of property, in goods for cash, deferred payment or other valuable consideration; (b) transfer of property in goods (whether as goods or in some other form) involved in execution of a works contract; (c) delivery of any goods on hire purchase or any other system of payment by installments; (d) transfer of the right to use any goods for any purpose(whether or not for a specified period), for cash, deferred payment or any other valuable consideration; (e) a supply, by way of or as part of any service or in any other manner whatsoever, of goods being food or any other article for human consumption or any drink (whether or not intoxicating) where such supply or service is for cash, deferred payment or other valuable consideration; A sale shall be deemed to take place in Goa if the goods are within Goa,- (i) in the case of specific or ascertained goods, at the time the contract of sale made; and (ii) in the case of unascertained or future goods, at the time of their appropriation to the contract of sale by the seller, whether the assent of the buyer to such appropriation is prior or subsequent to the appropriation: Provided that where there is a single contract of sale in respect of goods situated in Goa as well as in places outside Goa, provisions of this Explanation shall apply as if there were a separate contract of sale in respect of the goods situated in Goa. 10. Sale price means the amount of valuable consideration received or receivable by a dealer for the sale of any goods less any sum allowed as cash discount, according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at
  • 4. 4 4 the time of or before delivery thereof, excise duty, special excise duty or any other duty or taxes except the tax imposed under this Act; Provided that in case of transfer of property in goods (whether as goods or in some other form) involved in execution of works contract, the sale price of such goods shall be determined in the prescribed manner by making such deductions from the total consideration for the works contract as may be prescribed and such price shall be deemed to be the sale price for the purpose of this clause. 11. Turnover means the aggregate amount of sale price for which goods are sold or supplied or distributed by a dealer, either directly or through another, whether on own account or on account of others, whether for cash or for deferred payment, or other valuable consideration; 12. Works contract shall include any agreement for carrying out for cash, deferred payment or other valuable consideration, the building, construction, manufacturing, processing, fabrication, erection, installation, fitting out improvement, modification, repair or commissioning of any movable or immovable property; 13. Taxable turnover means the turnover on which a dealer shall be liable to pay tax as determined after making such deductions from his total turnover and in such manner as may be prescribed, but shall not include the turnover of sale in the course of interstate trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India and the value of goods transferred or dispatched outside the State otherwise than by way of sale; b) REGISTRATION OF DEALER. Who are liable for registration under VAT? (i) A dealer is required to register in the following circumstances: (a) When turnover exceed following limits: [i.e. Limit of turnover for Registration (Basic Exemption)]: Rs 10,000/- in case of non-resident dealer and casual trader. Rs 1,00,000/- incase of importer/manufacturers Rs 5,00,000/- in any other case. • *For this purpose turnover includes, both the taxable and non-taxable turnover. • The dealers whose turnover does not exceed the above limits (i.e. Basic Exemption) need not register under VAT Act,2005. They therefore, should not charge any VAT nor are eligible for any input credit. • Every dealer exporting any goods outside India or effecting stock transfers to any State and Union Territories within India, shall be liable to pay tax on all taxable sales effected within the State. (b) when he is registered or liable for the registration under CST Act, 1956. (c) when a person succeeds business of a dealer due to death or transfer. (ii) Application for registration in Form VAT-I should be filed within 30 days from date of commencement of liability and in case of succession within 60 days along with receipted challan for registration fees. Registration is valid for three financial years. (iii) A dealer can also apply for voluntarily registration along with registration fees and same is valid for one financial year. (iv) An employer who is liable to deduct tax at source from contract payments should apply for registration in form VAT-XXIV. RENEWAL
  • 5. 5 5 With effect from 2011-12, the Renewal of Vat Registration is required to be done within 30 days from the expiry of the Registration Certificate. i.e. Registrations Expiring as on 31-3-2011 need to be renewed on or before 30-4-2011. Delay in Renewal shall attract Penalty. What are the fees for registration? The dealer has to pay registration fees as per turnover limit. Registration Certificate is valid for 3 years - to be renewed on payment of fees. Category of dealer Amount of registration /renewal fees(Rs) 1. Turnover limit upto Rs 5 lakhs. 1,000/- 2. Turnover above Rs 5 lakhs and upto Rs 40 lakhs. 3,000/- 3. Turnover exceeding Rs40 lakhs but Below Rs 1 crore. 5,000/- 4. Turnover of Rs1 crore and above. 10,000/- 5. Voluntary registration 2,000/- Provisions relating to Registration (1) No dealer shall, while being liable to pay tax, be engaged in business as a dealer, unless he possesses a valid certificate of registration as provided by this Act : (2) Every dealer, required to possess a certificate of registration, shall apply in the prescribed manner, to the Commissioner. (3) Every person or dealer liable to pay tax under this Act and who applies for registration under sub-section (1), sub-section (3) or sub-section (9) of section 18 shall furnish a self-attested photocopy of the card containing his Permanent Account Number (PAN) obtained by him under the Income Tax Act, 1961 alongwith the application for registration.”. (4) Every dealer, already registered under this Act shall furnish the Permanent Account Number (PAN) obtained by him under the Income Tax Act, 1961within such period and to such authority, as may be notified by the Commissioner in the Official Gazette, for the purpose of incorporating it in the registration records. (5) A person or a dealer who intends to be engaged In business, but is not liable to pay tax under the provisions of this Act may, if he so desires, apply in the prescribed manner under this sub- section for the grant of certificate of registration to the Commissioner and if the certificate is granted, then so long as it is not duly cancelled, the person or dealer shall remain to pay tax. "Provided that if the person or dealer to whom such certificate of registration is granted becomes liable to pay tax under any other provisions of the Act, then the certificate of registration so granted shall cease to be valid unless amended after payment of prescribed fee (6) Certificate of registration and its renewal shall not be granted to a dealer unless he has deposited in Government treasury prescribed fee in the prescribed manner and within the prescribed time. (7) The Commissioner may conduct such inquiry as he deems fit and may call for such evidence and information as he may deem necessary and after the inquiry, if any, and after considering the evidence and information, if any, he is satisfied that the application for registration made under this section is in order, he shall register the applicant and issue to him a certificate of registration in the prescribed form : Provided that if the Commissioner is satisfied that the particulars contained in the application are not correct or complete or that any evidence or information prescribed for registering the applicant is not furnished, the Commissioner may, after giving the applicant a reasonable opportunity of being heard, reject the application for reasons o be recorded in writing.
  • 6. 6 6 (8) The Commissioner may, after considering any information furnished under any provisions of this Act or otherwise received, amend from time to time, any certificate of registration. (9) If a person or a dealer upon an application made by him has been registered under this section and thereafter it is found that he ought not to have been so registered under the provisions of this section, he shall be liable to pay tax during the period from the date on which his registration certificate took effect until it is cancelled, not withstanding that he may not be liable to pay under this Act. (10) Where :- (a) Any business, in respect of which a certificate of registration has been issued under this section, has been discontinued, or has been transferred or otherwise disposed of; or (b) the turnover of sales of a registered dealer has during any year not exceeded the relevant limit specified in sec.3(4),- then, in the case covered by clause (a), the dealer shall apply in the prescribed manner and within the prescribed time for cancellation of his registration to the Commissioner, and in the case covered by clause (b), the dealer may apply in the prescribed manner for cancellation of his registration to the Commissioner; and thereupon the Commissioner may, after such inquiry as he deems fit and subject to rules framed, cancel the registration with effect from such date including any date earlier to the date of the order of cancellation as he considers fit having regard to the circumstances of the case.- C) INCIDENCE OF TAX, etc: Incidence of Tax- The Goa VAT Act, 2005 is introduced w.e.f. 1-4-2005 in replacement of Goa Sales Tax Act, 1964. Under this Act, the tax is payable on sale of goods effected by a dealer in State of Goa. The tax is payable on sale of goods. There is no scheme for levy of purchase tax. The sale of goods includes transfer of property in goods involved in execution of works contract, lease transactions by way of transfer of right to use any goods for any purpose, hire purchase and installment transactions, sale of capital goods, scrap, etc. (1) Every dealer, whose turnover of all sales made during- (i) the year ending on the 31st day of March of the year preceding the year in which this Act is enforced; or (ii) the year commencing on the 1st day of April of the year during which this Act is enforced; has exceeded or exceeds the relevant limit specified in sub-section (4), of this section shall until such liability ceases under sub-section (3), be liable to pay tax under this Act on his turnover of sales, made, on or after the appointed day: Provided that, a dealer to whom clause (i) of sub-section (1) does not apply but clause (ii) applies and whose turnover of all sales first exceeds the relevant limit specified in sub-section (4) of this section after the appointed day shall not be liable to pay tax in respect of sales which take place upto the time when his turnover of sales, as computed from the first day of the year during which this Act is enforced, does not exceed the relevant limit applicable to him under sub-section (4). (2) Every dealer whose turnover, of all sales made, during any year commencing on the first day of the year, being a year subsequent to the years mentioned in sub-section (1), first exceeds the relevant limit specified in sub-section (4), shall, until such liability ceases under sub-section (3), be liable to pay tax under this Act with effect from the said date: (3) Every dealer who has become liable to pay tax under this Act, shall continue to be so liable until his registration is duly cancelled; and upon such cancellation his liability to pay tax, shall cease other than tax, already levied or leviable. (4) For the purposes of this section, the limits of turnover shall be as follows- Limit of turnover In case of
  • 7. 7 7 (i) Rs 10,000/- Non-resident dealer and casual trader (ii) Rs1,00,000/- Importer/manufacturer. (iii) Rs 5,00,000/- Others. (5) For the purpose of calculating the limit of turnover for liability to tax,- (a) except as otherwise expressly provided, the turnover of all sales shall be taken, whether such sales are taxable or not or of taxable goods or not; (b) the turnover shall include all sales made by the dealer on his own account, and also on behalf of his principals whether disclosed or not; (c) in the case of an auctioneer, in addition to the turnover, if any, referred to in clauses (a) and (b), the turnover shall also include the price of the goods auctioned by him for his principal, whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal, if the price of such goods is received by him on behalf of his principal; (d) in the case of a manager or agent of a non-resident dealer, in addition to the turnover, if any, referred to in clauses (a), (b) or (c), the turnover shall also include the sales of the non-resident dealer effected in the State. COMPOSITION OF TAX. (1) if any registered dealer, of the class specified in Schedule E, whose total turnover in the previous year does not exceed the limit specified in the said Schedule and who is liable to pay tax under section 3, so elects, the Commissioner may accept towards composition of tax, in lieu of the net amount of tax payable by him under this Act, during the year, an amount at the rate shown against respective class of dealers in the said Schedule calculated on total turnover, either in full or in installments, as may be prescribed. • Total turnover for the purposes of this section will include aggregate sales of taxable and non-taxable goods]. • The dealer has to apply to the Appropriate Assessing Authority in Form VAT-XIII within 30 days from the date of commencement of the financial year. (2) Any dealer eligible for composition of tax under sub-section (1) shall not :- (a) be permitted to claim any input tax credit on purchases and on stock held. Similarly input tax credit cannot be taken by any dealers who make purchases from dealer in composition ; (b) charge any tax under this Act in his sales bill or sales invoice in respect of sales made by him; (c) issue tax invoice to any dealer who has purchased goods from him (can issue his usual invoice). Dealers eligible for composition of tax; Only the foll. types of dealers are permitted to go in for composition rate. ( The following rates are from 01-04-2012) Sr. No. Section 1.01 [Class of dealer] Limit of turnover Rate of composition (1) Dealer other than the dealer of liquor in packed bottles, dealer effecting sale by transfer of right to use any goods and importer Rs 100 lakhs 0.5% (2) Reseller of liquor in packed bottles Rs 100 lakhs 1% (3) Hotel, restaurant, eating house, refreshment room, boarding establishment serving food and non alcoholic Rs 100 lakhs 7%
  • 8. 8 8 beverages; other than starred category hotel, including establishment serving fast food (4) Hotel including Bar and Restaurant, serving food, alcoholic and non-alcoholic beverages. Rs 100 lakhs 10% (5) Works contractor other than importer Rs 100 lakhs 3% (6) Sale of cooked food and non-alcoholic beverages by shacks allotted by Tourism Department. Rs 20 lakhs Rs15000/- per year. Turnover includes taxable and non-taxable goods. The certificate is valid for one year. (Benefit of input tax credit is not available. This tax cannot be separately recovered from customers) Following dealers are not eligible for composition of tax: 1. When he makes interstate sales. 2. When he brings any goods in the State of Goa. 3. When he makes consignment sales or stock transfer out of Goa. 4. When he makes sales in course of import of goods or export of goods out of Territory of India. 5. When he brings or receives goods from other States. 6. When he manufactures any goods for sale except when they are sold in hotel including bar and restaurant. 7. When he is a non-resident dealer. 8. exceeds the limit of turnover specified under the Act at any time during the year. Any registered dealer covered under Schedule E, whose turnover in the previous year does not exceed prescribed limit, and who is liable to pay tax u/s 3 is eligible to apply for composition of tax. • The dealer has to apply to the Appropriate Assessing Authority in Form VAT-XIII within 30 days from the date of commencement of the financial year. • However, the Appropriate Assessing Authority may entertain application beyond 30 days but not later than 60 days from the date of commencement of financial year or from the date of commencement of validity of registration certificate as the case may be, on payment of late fee of Rs50 per day of delay or a sum of Rs 1000, whichever is higher. Provided further that upon an application made by the dealer to the Commissioner, the Commissioner may, by order, for reasons to be recorded in writing, direct the Appropriate Assessing Authority to entertain the application for composition of tax made after said sixty days but within one hundred and fifty days, from the date of commencement of financial year or from the date of commencement of the validity of registration certificate, as the case may be, on payment of late fee of ` 100/- per day of delay beyond said 60 days or a sum of Rs 5,000/-, whichever is higher, in addition to the late fee for the period specified in first proviso above. The dealer shall submit his application to the Commissioner alongwith application in Form VAT XIII and receipted copy of the challan in proof of payment of late fee and court fee stamps of the value specified in rule 46 towards processing fee • The dealer liable for registration u/s 3 (2) & (3) may apply at any time during the year, by making a self declaration that his turnover during the year will not exceed the specified limits. • The composition certificate is valid for 1 year. • It can be renewed every year upon application to be made within 30 days of commencement of year alongwith declaration as regards to his turnover during the immediate preceding year.
  • 9. 9 9 • The amount of composition tax should be paid at the rates specified in schedule ‘E’ every month in form VAT-V within 25 days from the end of each month. INPUT TAX CREDIT.- Subject to such conditions and restrictions as may be prescribed Input Tax Credit either partially or wholly shall be allowed for the tax paid during the tax period in respect of goods including capital goods purchased and/or taken on hire or leased to him within Goa, other than those specified in Schedule ‘G’ and/or such other goods as may be notified from time to time by the Government, provided, the goods purchased are for resale in Goa or for sale in course of Inter State Trade or in course of export outside the territory of India or used by him as raw materials/capital goods in the manufacture or processing of taxable goods in Goa or for sale by transfer of right to use. INPUT TAX CREDIT IS AVAILABLE ON FOLLOWING: (a) Goods purchased for packing taxable goods. (b) Purchase of raw materials for manufacture of taxable goods. (c) Purchase of capital goods used in manufacture of taxable goods. (d) Goods purchased for use in the execution of works contract. (e) Goods purchased for transfer under right to use. (f) Goods purchased for sale in the course of Inter-State Trade. (g) Goods purchased for sale in the course of export outside the territory of India. (h) Entry Tax paid on goods brought for use or consumption except on capital goods and item covered under Schedule ‘G’. In case of stock transfers, it will be in excess of 2%. (i) In excess of 2% tax paid on goods other than capital goods used in the manufacture or processing of finished goods, which are dispatched outside Goa on stock transfer. (j) In order to claim input tax credit purchases must be supported by Tax invoice, wherein tax element is shown separately. INPUT TAX CREDIT IS NOT AVAILABLE ON FOLLOWING: (a) Imported goods. (b) Inter-state purchases or purchases made from outside Goa. (c) Purchases of raw materials for manufacture of tax-free goods. (d) Purchases from unregistered dealers. (e) Purchase of goods for packing tax-free goods. (f) Purchase of goods specified in Schedule ‘G’. (g) Purchase of goods, which are not sold because of theft or destruction. (h) Taxable goods purchased from another registered dealer for resale but given away by way of samples or gifts. (i) Capital goods, industrial goods and packing materials covered under Schedule B utilized for the purpose other than covered in the prescribed declaration in Form VAT–XXX. (j) Goods purchased by a dealer, who has opted for composition of tax. (k) Capital goods purchased or paid before appointed date. (l) Capital expenditure incurred before the date of registration. (m) Capital goods used in the manufacture of tax-free goods. (n) Capital goods not connected with the business of the dealer.
  • 10. 10 10 (o) Capital goods used in generation of energy/power including captive power. (p) Motor cars, its accessories and spare parts. (q) Unsold stock of goods held at the time of closure of business. (r) When original tax invoice is not available and tax is not shown separately therein. (s) Up to 4% of tax paid on goods other than capital goods used in the manufacture or processing of finished goods, which are dispatched outside Goa on stock transfer, as per Notification No. 4/5/2005-Fin(R&C)(5) dt. 31-3-2005. (t) Goods purchased for specific purpose and input tax credit availed, but subsequently it is used for other purpose wholly or partly, the input tax credit should be reduced proportionately at the time of utilization of goods and reverse tax credit entry should be taken. (u) If purchase is not supported by tax invoice or tax element is not shown separately, no input tax credit will be admissible. (v) Input tax paid on goods sold which are exempt from payment of tax by specific notification under this Act or under Central Sales Tax Act, 1956. (w) Input tax paid on motor vehicle including car, three wheeler under this Act or under the Entry Tax on import of such vehicle before grant of registration mark under M.V. Act, when such vehicle is resold for true value or otherwise by a registered dealer. (x) Input tax paid on raw materials used for manufacture of ready mixed concrete. (y) Input tax paid on Naphtha used as raw material by chemically fertilizer industry. (z) Entry tax paid on capital goods brought for use or consumption including items covered under Schedule ‘G’. Input tax credit on other goods, up to of 2%, in case of stock transfers. NO INPUT TAX CREDIT IN RESPECT OF FOLLOWING CAPITAL GOODS:- (a) purchased or paid prior to appointed day; (b) capital expenditure incurred prior to the date of registration under this Act; (c) capital goods not connected with the business of the dealer; (d) capital goods used in the manufacture of goods or providing services which are not liable to tax under this Act; (e) capital goods used in generation of energy/power including captive power; (f) motor cars, its accessories and spare parts. NET TAX PAYABLE AND REFUND OF INPUT TAX CREDIT Monthly net tax payable is difference between output tax payable on sale of goods after deducting eligible input tax credit on purchases. The excess input tax credit is required to be adjusted against tax payable under Goa Tax of Entry of Goods, 2000 or under Central Sales Tax Act, 1956. Input Tax credit remaining after adjustments can be carried over up to end of next financial year. The balance remaining input tax credit is refunded within 3 months from end of the respective year. In case of exporter, refund of excess input tax credit is allowed within 3 months from end of the quarter against filing application in Form VAT XXVI. NET TAX OF A REGISTERED DEALER.- (1) Subject to provisions of section 9, the net tax payable by a registered dealer for a tax period shall be calculated according to the following formula:- A – B, Where,– A = total of the tax payable in respect of taxable turnover made by the registered dealer during the tax period; and
  • 11. 11 11 B = total input tax credit allowed to the registered dealer for the tax period. (2) Where the amount determined by the formula in sub-section (1) is a negative amount, the registered dealer may carry forward the amount to the next tax period as per provisions of sec.10. (3) Every registered dealer shall pay in full the net tax payable by him for the tax period at the time that dealer is required to file his return as may be prescribed. RETURNS AND PAYMENT OF TAX, ETC.- Filing of Returns: (1) Returns are to be filed quarterly in Form VAT– III (regular)/ VAT-IV (composition) within 30 days after end of the quarter along with receipted challans. “Provided that the Commissioner may, for better compliance of the tax returns, by order, direct that the returns be accepted beyond said 30 days but not later than 60 days, from the end of quarter without payment of penalty, as special cases”. (2) With effect from the first quarter of 2011-12, commencing from 1-4-2011 to 30-6-2011, all the dealers who have registered themselves under the Goa Value Added Tax Act, 2005 (Goa Act 9 of 2005) including those who have opted for composition of tax under section 7 of the said Act, and the Central Sales Tax Act, 1956 (Central Act 74 of 1956), and whose turnover for the financial year 2010- 11 has exceeded Rs50 lakhs (Rupees fifty lakhs only), shall file their quarterly returns online through electronic system. The first compulsory e-return for these dealers shall be due on 31-7-2011. (3) If any dealer having furnished a return under sub-section (1), discovers any omission or incorrect statement therein, he may furnish a revised return within 1 year following the last date prescribed for furnishing original return or before issue of assessment notice, whichever is earlier. The dealers, who have opted for composition of tax, should file a return in Form VAT – IV within 30 days of the end of every quarter. Payment of Tax – What is the time limit to pay the tax ? VAT dealers are required to pay the tax in the appropriate Government Treasury under chalan in Form VAT – V as follows: 1. If monthly tax liability exceeds Rs 1,00,000 other than who had opted for composition of tax. Within 20 days from the end of each month 2. If monthly tax liability is upto Rs 1,00,000, other than who had opted for composition of tax. Within 30 days from the end of each month 3. Who opted for composition of tax. Within 25 days from the end of quarter. (a) The amount of tax due where the return or revised return has been furnished without full payment thereof shall be paid forthwith alongwith interest on defaulted amount @ 18% p.a. or at such higher or lower rate as the Government may notify from time to time. (b) Any tax, penalty, interest, fine or sum forfeited, which remains unpaid after the service of notice under section 24 (4), or any installment not duly paid, shall be recoverable as an arrear of land revenue. ASSESSMENT
  • 12. 12 12 Returns filed are accepted as self assessed. However, 20% of the dealers can be selected for scrutiny assessment. No assessments can be made after expiry of 2 years from end of the year in which the return is filed. Can the sale bill or cash memo be issued showing the sales as inclusive of tax ? Ans.:When sales are made to the consumer for which sale bill or cash memo has to be issued, tax amount may be shown separately in the bill or cash memo or the sale can also be shown as inclusive of tax. When the sales are made inclusive of tax, tax amount should be worked out on the following formula : Tax amount = R x A 100 + R Where R = rate of tax A = Aggregate of sales price. April 2010: The gross sales turnover of Mr. Aasan a registered dealer in Goa for the quarter ended 30th June 2017 is Rs. 4,25,000. He has paid in put tax of Rs.5,000 on purchases made from Registered dealers in Goa . Included in the gross sales turnover are the following:- i) Sale of tax free goods in Goa Rs.12,000. ii) Value of stock transferred from Goa Rs.15,000 iii) Value of goods sent for sale to local agents Rs.7,000. iv Value of goods returned within 7 months Rs.3,000. Cash discount of Rs.2,000 is not included in the gross sales turnover. Calculate his taxable turnover for the above quarter under the Goa VAT Act,2005. 5
  • 13. 13 13 OCTOBER 2010 D ‘ Mr. Mushkil ’ provides the following information pertaining to the quarter ended on 30th June 2017. 5 i) Sale turnover taxable @ 12.50% (including VAT) Rs.4,50,000 ii) Input tax credit brought forward from last quarter Rs.8,700. iii) Input tax credited available on following purchases made during the quarter. Value inclusive of VAT VAT a) Material ‘R’ Rs.2,28,800 Rs.1,57,500 4% b) Material ‘K’ 12.50% Compute her tax liability under the Goa VAT Act, 2005 for the above quarter
  • 14. 14 14 APRIL 2011 D) MR. SOURBH a registered dealer in Goa, provides the following information for the quarter ended 30th June 2017. i) Sale price of Goods received in cash Rs. 4,36,000 ii) Sale price of Goods Receivable Rs.1,00,000 iii) Turnover of Tax free goods ( included in above turnover of goods ) Rs.1,43,500 iv) Cash discount ( not included n the above sales ) Rs.9,000. v) Goods returned within 3 months from the date of sale in Goa (included in the above sales) Rs.2,500. vi) Interstate Sales (Included in the above sales) Rs.1,35,000. Calculate his taxable turnover for the above quarter under the Goa VAT Act 2005.
  • 15. 15 15 OCTOBER 2011 d) The Gross sales turnover of MR. Vaibhav a registered dealer in Goa for the quarter ended 30th June 2017 is Rs.5,00,000 He has paid input Tax of Rs.5,000 on purchases made during the quarter from Registered Dealers in Goa The gross sales turnover includes the following: i) Value of Goods dispatched to local agents for sale Rs.20,000 ii) Value of Stock transferred from Goa Rs.60,000 iii) Sale of goods to a registered dealer from Mumbai Rs.40,000 iv) Value of goods returned after 6 ½ month. Rs.15,000 Calculate his Taxable Turnover for the above quarter under the Goa VAT Act 2005 5
  • 16. 16 16 APRIL 2012 D) Miss Dukaan is a dealer registered under the Goa VAT Act 2005, She provides the following information pertaining to the quarter ended on 30th June 2017. i) Sales Turnover taxable @ 12,5% (including VAT) Rs.4,50,000 ii) Sales Turnover taxable @ 5% (including VAT) Rs.4,20,000 iii) Excess Input tax credit brought forward from last period Rs.40,800 compute her tax liability for the above quarter under Goa VAT Act 2005
  • 17. 17 17 OCTOBER 2012 D) Mrs. Sansanati a registered dealer in Goa, provides the following information for the quarter ending 30th June 2017 i) Sale prices of goods received in cash Rs. 7,35,000 ii) Sale prices of goods sold for deferred payment. Rs. 1,85,000 iii) Inter state sales (included in above sales) Rs. 1,05,000 iv) Excess input tax credit brought forward from the last quarter Rs. 11,250 v) Input tax credit available for purchases made during the quarter Rs. 90,000 The rate of VAT applicable to all above sales in Goa is 12.5% Calculate the amount of Taxable Turnover an Tax liability for the above quarter 5
  • 18. 18 18 APRIL 2015 D) ‘ Mr. Rakesh’, a registered dealer in Goa , provides the following information for the quarter ended 30th June 2017 a) Sales turnover taxable @ 12.5% (inclusive of VAT) Rs. 2,53,125. b) Sales turnover taxable @ 5% (inclusive of VAT) Rs. 1,31,250. c) Input Tax Credit Available on the following purchases made during the quarter : Goods Value (Exclusive of VAT) VAT Rate ‘M’ Rs. 1,40,000 12.5% ‘N’ Rs. 1,10,000 5% Compute his tax liability for the above quarter under the Goa VAT Act, 2005. 5
  • 19. 19 19 April 2014 D) ‘Mr. Upanyas’, who is a registered dealer in Goa, provides the following information for the quarter ended 30th June 2017 i) Sale prices of goods sold for cash (not inclusive of VAT) 7,34,000 ii) Sale Prices of goods sold for deffered payment (not inclusive of VAT) 1,12,000 iii) Inter-State Sales (included in the above Sales) 70,000 iv) Excess Input Tax Credit brought forward from last quarter 9,850 v) Input Tax credit available for purchases Made from registerd delers during the quarter 80,500 The rate of VAT applicable to all the above sales in Goa is 12.5% Calculate the amount of Taxable Turnover’ and ‘Tax Liability’ for the above quarter , under Goa VAT Act, 2005.
  • 20. 20 20 OCTOBER 2015 D) The Gross Sales Turnover of ‘Mr. Vilas’, a registered dealers in Goa, for the quarter ended 30th June 2017 is Rs. 4,50,000. He has paid input tax of Rs.6, 000 on purchases made from Registered dealers in Goa. 5 The following are included in Gross Sales Turnover i) Value of Stock transferred from Goa 18,000 ii) Value of goods returned within 8 months 2,500 iii) Sale of tax free goods in Goa 14,000 iv) Value of goods sent for sale to local agents 9,000 Cash discount of Rs. 2,250 is not included in the gross sales turnover Compute his taxable turnover for the above quarter under the Goa VAT Act, 2005.
  • 21. 21 21 APRIL 2016 Mr. Shiva, who is a registered dealer in Goa, provides the following information for the quarter ended 30th June 2017 5 Sale prices of goods sold for cash (not inclusive of VAT) Rs 7,75,000 Sale prices of goods sold for deferred payment Rs 1,25,000 (not inclusive of VAT) Inter- State sales (included in above sales) Rs 80,000 Import of packing material, inclusive of custom duty Rs 10,000 Excess input tax credit brought forward from last quarter Rs 10,250 ITC available for purchase made from registered dealer Rs 80,250 VAT rate 12.50% Calculate the amount of Taxable Turnover and Tax Liability for quarter under Goa VAT Act, 2005. 5