Budget Highlights

Arun Kumar Agarwal — Thu, 28 Feb 2008 10:06:38 +0000

Amendment in the W .B. Value Added Tax Rules, 2005

Arun Kumar Agarwal — Sun, 27 May 2007 13:48:37 +0000

To see notification no click the link below

http://www.wbcomtax.gov.in/notification/gazette_notif.htm

Budget Speech

Arun Kumar Agarwal — Sun, 27 May 2007 13:46:17 +0000

At present, a registered dealer whose annual turnover exceeds Rs. 40 lakh has to submit an audit report by a Chartered Accountant. The dealers have expressed difficulty in obtaining the services of Chartered Accountants in all cases. I, therefore, propose to make an amendment in the rules, which would allow the dealers to submit audit report by Cost Accountants also. This will help the dealers submit the audit reports in time.

Amendments in the West Bengal Shops & Establishments Rules, 1964

Arun Kumar Agarwal — Tue, 16 Jan 2007 09:03:46 +0000

The application for registration or renewal of registration shall be sent to the Registering Authority together with the fees prescribed in this Schedule. Fees are to be paid into the Local Treasury under the appropriate Head of Account through Treasury Challan.

S.No	Category of Shop	Registration fees and Renewal fees
1.	Shop having no employees	Rs. 25.00
2.	Shop having one to five employees	Rs. 30.00
3.	Shop having six to twenty employees	Rs. 40.00
4.	Shop having more than twenty employees	Rs. 100.00

The notice of change shall be sent to the Registering Authority together with the fees prescribed in this schedule. Fees are to be paid into the Local Treasury under the appropriate Head of Accounts through Treasury Challan.

S.No	Category of Shop	Fees
1.	Shop having no employee	Rs. 10.00
2.	Shop having one to five employees	Rs. 20.00
3.	Shop having six to twenty employees	Rs. 25.00
4.	Shop having more than twenty employee	Rs. 50.00

S.No	Category of Establishment	Fees
1.	Establishment of any class having no employees	Rs. 10.00
2.	Establishment of any class having one to five employees	Rs. 20.00
3.	Establishment of any class having six to twenty employees	Rs. 25.00
4.	Establishment of any class having more than twenty	Rs. 50.00

Amendment in W. B. Value Added Tax Act, 2003

Arun Kumar Agarwal — Thu, 07 Dec 2006 10:34:20 +0000

To see the Notification No.2039.FT click the link below:

http://wbcomtax.gov.in/notification/2039-FT.doc

Amendments in W. B. Value Added Tax Rules, 2005

Arun Kumar Agarwal — Thu, 07 Dec 2006 10:31:42 +0000

To see the Notification No 1871.FT click the link below:

http://wbcomtax.gov.in/notification/266.pdf

FORM 88

Arun Kumar Agarwal — Fri, 10 Nov 2006 10:09:48 +0000

To see the form 88 click here

“FORM 88”
[Sec rule 44(2) and rule 44(3)]
Part -A

Audit Report under section 30E of the West Bengal Value Added Tax Act, 2003

(1) I/We report that the audit of ———- (mention name and address of the dealer) holding Tax Identification No.———– under the West Bengal Value Added Tax Act, 2003 and again Tax Identification No.——– under the Central Sales Tax Act, 1956, was conducted by *me/us —–Chartered Accountants in pursuance of the provisions of the Act And rules framed there under and we hereto annex and copy of * my/our audit report dated —-

(2)The statement of particulars as required to be furnished under section 30E of the West Bengal Value Added Tax Act, 2003 and rule *44 (2)/ 44(3) of the West Bengal Value Added Tax Rules, 2005 are given in PART-B hereof and in the annexures (say A-1, A-2 etc.) thereto.

(3)In * my/our opinion and to the best of *my/our information and according to explanations given to * me/us, the particulars given in said PART-B hereof and the annexures thereto are true and correct subject to the note(s) given below, if any: -

Place:                                                                                                       For——————
                                                                                                                                                              CHARTERED ACCOUNTANT
Date:                                                                                                                                                     (Name)
                                                                                                                                                              (Proprietor/Partner)
                                                                                                                                                     Membership No.—-

Address—————

PART-B
Statement of particulars required to be furnished under section 30E of the West Bengal Value Added Tax Act, 2003.

1.      Name of the dealer                                                                                 :
2.      Address (Principal place of business)                                                 :
3.      Tax Identification No. Under the Act
      and under the Central Sales Tax Act, 1956                                         :
4.      Constitution of the firm                                                                            :
5.      (a) Income Tax PAN                                                                               :
      (b) Central Excise Registration No.                                                      :
      (c) Service Tax Registration No.                                                           :
6.      Period under audit                                                                                  :
7.      Address of all branches and manufacturing
      units within the state                                                                                :
8.      Address of branches and manufacturing
      units outside the state                                                                             :
9.      Nature of business-resale/manufacture/importer/exporter
      works contractor/lessor/others (places specify)                                  :
10. Classes of main goods dealt with by the dealer                                  :
11. Change in the nature of business, if any, during the year
      (The brief particulars of such change i.e. new products,
      new capacities etc. is to given)                                                            :
12. Changes in the constitution during the year
      (The brief particulars of such change is to given)                                :
13. (a) Books of account maintained
      (In case books of account are maintained in a
      computer system, mention the books of account
      generated by such computer system)                                                   :
      (b) List of books of account examined                                                 :
(c) Method of accounting followed and brief
particular of change, if any                                                                     :
(d) Method of valuation of stock and brief particulars
of change, if any                                                                                      :

14. Particulars of all operating Bank Accounts :
(Within the state)

Name of Bank Branch Account No.
15. Turnover as per books of account (Rs.)

(A) Gross sales including rentals/installment/receivables accrued during the year for transfer of right to use goods, delivery of goods on hire purchase, works contract, etc.
(B) Less: (i) Sales price goods, tax on which has been paid on MRP u/s 16(4) at the time of purchase or on an earlier occasion. (ii) Sales return within six months from the date o sale. (iii) Tax under the Act included in (A) above if any, (iv) Aggregate amount received or receivable in respect of works contract to be treated as contractual transfer price under the Act, if any.
(C) Turnover of sales (A) - (B)
(D) Less: (i) Sales exempt from tax u/s 21 (ii) Sales within the meaning of section 3 of the Central Sales Tax Act, 1956. (iii) Sales in the course of * export/import, last sale preceding export within the meaning of section 5 of the Central Sales Tax Act,1956. (iv) Sales, which are zero-rated u/s 21A(1). (v) Sales through auctioneer or agent u/s 16(1)(c) read with rule 27(1). (vi) Other sales (please specify) u/s 16(1)(c)
(E) Turnover of sales on which tax is payable (C)-(D).

16. Determination of output tax.

Sl.No. (A)	Broad group of commodity/major commodity (B)	Turnover (Rs) (C)	MRP (Rs.) if applicable, u/s 16(4) (D)	Tax rate (E)	Output tax (Rs) (F)



	Total

17. Aggregate amount received or receivable in respect of works contract as per books of accounts.(Rs.)

(A) Aggregate amount received or receivable in respect of works contract excluding
Tax under the Act [i.e. Contractual transfer price as defined in section 2(10)]

(B) Deductions:
(i)                                                           Contractual transfer price of tax free goods [Sec. 18(2)(a)]
(ii)                                                         Changes towards labour, service and other like changes [Sec. * 18(2)(b)/18(3)]
             [As per Annexure to be enclosed].
(iii)                                                       Amounts paid to sub-contractors [Sec.18 (2)(c)].
(iv)                                                       Other contractual transfer prices as prescribed in the rules [Sec.18 (2)(d)].

Break-up of taxable contractual transfer price as arrived at item 17(C).

	Taxable amount (Rs.) A	Output tax (Rs.) A
(i) Taxable contractual transfer price, taxable at the rate of 4%
(ii) Taxable contractual transfer price, taxable at the rate of 12.5%
Total

19. Determination of input tax credit or input tax rebate (i.e. I.T.C.) on ** inputs.

Sl. No. (A)	Broad group of Input/major input (B)	Use (C)	Amount of Purchase (Rs.) (D)	Applicable Tax rate (in%) (E)	I.T.C. claimed (Rs.) (F)

19A. Input Tax Credit or Input Tax Rebate on stock of goods under rule 21/22

Date of submission of statement of stock of goods
Value of stock of goods (in Rs.)
I.T.C. claimed (in Rs.)

19B. An annexure showing determination of tax payable by the dealer at compounding rate under the act.

19C. An annexure showing determination of purchase tax payable by the dealer under “section 11 and/or section 12”
20. An annexure containing list of dealers from whom total purchases within West Bengal during the year exceeded Rupee one lakh may be given in the following format.

SI. No.	Name of the dealer from Whom goods were purchased	VAT Regn. No.	Total purchases during the year (Rs.)	Major group Of commodity	Total tax paid (Rs.)

Subject to the Note given in PART-A of the audit report, it is certified –

(i)         that the turnover of sales as given in item 15(C) & 15(E) * and/or taxable contractual transfer price as given in item 17(C) are * in agreement/not in agreement with the turnover of sales * and/or taxable contractual transfer price as disclosed in the returns. [A reconciliation statement showing the reasons for disagreement, if any, is to be enclosed];

(ii) that * branch transfer/stock transfer outside the State during the year was Rs………………………………,and declaration(s) in Form F * have/have not been received in full for the same. [Details of cases where such forms have not been received are to be enclosed];

(iii) that sales in the course of inter-State trade or commerce, within the meaning of section 3(a) of the Central Sales Tax Act, 1956 during the year was Rs………………………, and declaration(s) in Form C * have/have not been received in full for the same. [Details of cases where such forms have not been received are to be enclosed];

(iv)      that sales in the course of inter-State trade or commerce, within the meaning of section 3(b) of the Central Sales Tax Act, 1956, during the year was Rs. …………………. and declaration(s) in Form C and the relevant certificate(s) in Form E-I/E-II * have/have not been received in full for the same. [Details of cases where such forms have not been received are to be enclosed];
(v)    that no input tax credit or input tax rebate has been claimed on invoices other than tax invoices in respect of purchases made from registered dealers within the State of West Bengal;
(vi)      that no input tax credit or input tax rebate has been claimed on tax payable under section 11/ section 12, without any case memo, invoices or bills;

(vii) that no input tax credit or input tax rebate has been claimed on capital goods, which were not capitalized during the year;

(viii) that no input tax credit or input tax rebate has been claimed on goods or purchases as specified in the negative list;

(ix) that no payment in * cash/bearer cheque has been made to any supplier during a day in excess of rupees twenty thousand [refer to rule 19(8)];

(x) that dealer has maintained books of accounts in accordance with the provisions of section 63 read with rule 87;

              (xi)   that during the year input tax credit to the extent of Rs………………….(rupees…………………….) have been reversed, and the amount shown in item 19(F) is * including/excluding such reversal amount.
Place:…………………………………                                                                                                                                            For…………………………
                                                                                    CHARTERED ACCOUNTANT
                                                                                    (Name)
            Date:                                                                                                                                                                                                               (Proprietor/Partner)
                                                                                    Membership No.
                                                                                    Address:

            Note –
v     * Strike out which ever is not applicable.
v     The total turnover in item 16(c) shall tally with the turnover of sales as shown in item 15(E).
v     In case of any change in tax rate during the year, bifurcated turnover and output tax shall be given in item          16(C) and item 16(F).
v     MRP in item 16(D) means maximum retail price and is applicable only for dealers paying tax under section 16(4).
v     In item 19(C), for example, where goods are used as raw materials, simply write raw materials, where it is used as capital goods, write capital goods, where it is used for resale, write resale so on.
v     ** Inputs means – (i) in case of a manufacturer – raw materials, consumable stores, packing materials and capital goods required for the purpose of manufacturing goods; (ii) in case of reseller – the goods he resells together with the packing materials and capital goods; and (iii) in case of a works contractor – the goods to be used in the execution of works contract and capital goods. [Refer to section 2(5)(a), section 2(6) and section 22].”

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Amendments in W. B. Value Added Tax Act, 2003

Arun Kumar Agarwal — Fri, 10 Nov 2006 00:12:45 +0000

To see the notification No.1832F.T. click the link below:-

http://www.wbcomtax.gov.in/notification/259.pdf

Amendments in W. B. Value Added Tax Rules, 2005

Arun Kumar Agarwal — Sun, 05 Nov 2006 07:24:05 +0000

To see notification No. 1732 click the link below

http://www.wbcomtax.gov.in/notification/1_40.pdf

Amendment in WBST on Professions, Trade, Callings & Emp Rules

Arun Kumar Agarwal — Mon, 04 Sep 2006 11:38:53 +0000

To see notification no.1561.FT click the link below

http://wbcomtax.gov.in/notification/1561-FT.htm

Blog on VAT

Budget Highlights

Amendment in the W .B. Value Added Tax Rules, 2005

Budget Speech

Amendments in the West Bengal Shops & Establishments Rules, 1964

Amendment in W. B. Value Added Tax Act, 2003

Amendments in W. B. Value Added Tax Rules, 2005

FORM 88

Total

Subject to the Note given in PART-A of the audit report, it is certified –

Amendments in W. B. Value Added Tax Act, 2003

Amendments in W. B. Value Added Tax Rules, 2005

Amendment in WBST on Professions, Trade, Callings & Emp Rules