Business Law In India

Indirect Taxes
 
Excise Duty
 
Manufacture of goods in India attracts Excise Duty under the Central Excise Act 1944 and the Central Excise Tariff Act 1985. Herein, the term Manufacture means bringing into existence a new article having a distinct name, character, use and marketability and includes packing, labeling etc.
Most of the products attract excise duties at the rate of 16%. Some products also attract special excise duty/and an additional duty of excise at the rate of 8% above the 16% excise duty. 2% education cess is also applicable on the aggregate of the duties of excise. Excise duty is levied on ad valorem basis or based on the maximum retail price in some cases.
Central Excise duty is administered by the Central Board of Excise and Customs.
Excise Tariffs - Central Excise Tariff Act 2005
Central Excise Manual
The Central Excise Act 1944
 
Customs Duty
 
The levy and the rate of customs duty in India are governed by the Customs Act 1962 and the Customs Tariff Act 1975. Imported goods in India attract basic customs duty, additional customs duty and education cess. The rates of basic customs duty are specified under the Tariff Act. The peak rate of basic customs duty has been reduced to 15% for industrial goods. Additional customs duty is equivalent to the excise duty payable on similar goods manufactured in India. Education cess at 2% is leviable on the aggregate of customs duty on imported goods. Customs duty is calculated on the transaction value of the goods.
Rates of customs duty for goods imported from countries with whom India has entered into free trade agreements such as Thailand, Sri Lanka, BIMSTEC, south Asian countries and MERCOSUR countries are provided on the website of CBEC.
Customs duties in India are administered by Central Board of Excise and Customs under Ministry of Finance.
Schedule of Customs duties- The Customs Tariff Act 2005
The Customs Act 1962
Customs Manual
Baggage Rules 1998
 
Service Tax
 
Service tax is levied at the rate of 10% (plus 2% education cess) on certain identified taxable services provided in India by specified service providers. Service tax on taxable services rendered in India are exempt, if payment for such services is received in convertible foreign exchange in India and the same is not repatriated outside India. The Cenvat Credit Rules allow a service provider to avail and utilize the credit of additional duty of customs/excise duty for payment of service tax. Credit is also provided on payment of service tax on input services for the discharge of output service tax liability.
 
Securities Transaction Tax
 
Transactions in equity shares, derivatives and units of equity-oriented funds entered in a recognized stock exchange attract Securities Transaction Tax at the following rate:-
Delivery base transactions in equity shares or buyer and seller each units of an equity-oriented fund - 0.075%
Sale of units of an equity-oriented fund to the seller mutual fund - 0.15%
Non delivery base transactions in the above - 0.015%
Derivatives (futures and options) seller - 0.01%
 
Sales Tax Acts of various State Governments and Central Sales Act governed the application of Sales Tax/VAT.
 
Sales Tax/VAT
 
Sales tax is levied on the sale of movable goods. Most of the Indian States have replaced Sales tax with a new Value Added Tax (VAT) from April 01, 2005. VAT is imposed on goods only and not services and it has replaced sales tax. Other indirect taxes such as excise duty, service tax etc., are not replaced by VAT. VAT is implemented at the State level by State Governments. VAT is applied on each stage of sale with a mechanism of credit for the input VAT paid. There are four slabs of VAT:-
0% for essential commodities
1% on bullion and precious stones
4% on industrial inputs and capital goods and items of mass consumption
All other items 12.5%
Petroleum products, tobacco, liquor etc., attract higher VAT rates that vary from State to State
A Central Sales Tax at the rate of 2% is also levied on inter-State sales and would be eliminated gradually.
 
Municipal/Local Taxes
Octori/entry tax: - Some municipal jurisdictions levy octori/entry tax on entry of goods.
 
Other State Taxes
Stamp duty on transfer of assets
Property/building tax levied by local bodies
Agriculture income tax levied by State Governments on income from plantations
Luxury tax levied by certain State Government on specified goods
   
Central Sales Tax Act 1956 74
Cess and Other Taxes on Minerals (Validation) Act 1992 16
Companies (Profits) Surtax Act 1964 07
Customs Act 1962 52
Customs Duties and Cesses (Conversion to Metric Units) Act 1960 40
Customs Tariff Act 1975 51
Expenditure-tax Act 1987 35
Foreign Aircraft (Exemption from Taxes and Duties on Fuel and Lubricants) 2002 36
Gift-tax Act 1958 18
Hotel-Receipts Tax Act 1980 54
Income-tax Act 1961 43
Interest-tax Act 1974 45
Municipal Taxation Act 1881 11
National Tax Tribunal Act 2005 49
Professions Tax Limitation (Amendment and Validation) Act 1949 61
Provisional Collection of Taxes Act 1931 16
Sales Tax Laws Validation Act 1956 07
Voluntary Surrender of Salaries (Exemption from Taxation) Act 1961 46
Wealth-tax Act 1957 27
   
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