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News from Andhra Pradesh
The Government of Andhra Pradesh issued a notification on 30th April 2007,
whereby certain criterias have been laid down for deemed assessment of the
returns furnished by the respective dealers without requiring their presence for
production of books. However, the cases under Works Contract, Lease
transactions, Units under industrial incentives, cases where incriminating
materials were found, cases under the Central Sales Tax Act, cases under
information in AR-II were not filed or where additional liability was indicated
and the cases of all oil companies will not be covered by the aforesaid
notification.
Source : Contributed by Shri S. Hanmanth Rao, Advocate, Hyderabad.
News from Kerala
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The Legislative Assembly of the State of Kerala passed Act 15 of 2007 at the
Kerala Finance Act 2007, so as to give effect to the budget proposals covered in
the budget for the financial year 2007-08. The amendments inter alia provide for
several changes in various enactments including the Kerala Stamp Act, Kerala
General Sales Tax Act and Kerala Motor Vehicle Taxation Act. Amendment to Third
Schedule appended to the Kerala General Sales Tax Act includes life saving
medicines and a complete list of IT products specifying the HSN heading.
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The Commissioner of Commercial Taxes, by his Circular dated 30th July 2007,
clarified that though the payment of tax can be effected through a Cheque or
Draft, the same drawn on outstation banks may invite collection charges by the
collecting bank. Therefore, to the extent of such collection charges, the
assessee in question would be treated as in arrears recoverable as arrears of
revenue.
Source : Kerala Tax Reporter, Vol. 15 Part IX, September 2007, Page 254.
News from Tamil Nadu
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Exemption
The Tamil Nadu Government, by issuing a Notification under section 30(1) of the
Tamil Nadu VAT Act, have granted complete exemption to the sale of beedi, beedi
tobacco, tobacco leaves, snuff and cheroot. Such exemption have been made
effective from 1st April 2007.
Source : The Tamil Nadu Commercial Taxes Tribunal, Vol. 13, Sept. 2007, Page
201.
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Impact of VAT Act
The Commissioner of Commercial Taxes have clarified that the concessions granted
under Section 8(5) of the C.S.T. Act, 1956 prior to implementation of the VAT
Act, would continue even after its implementation and accordingly the sales to
educational institutions would be liable at the concessional rate of 4%, while
the sales by EOU would be fully exempt, so also the sales to exporters against
Form ‘H’.
Source : The Tamil Nadu Commercial Taxes Tribunal, Vol. 13, Sept. 2007, Page
204.
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