| Originally posted by : CA SUDHIR HALAKHANDI | ||
 |
DEAR MEMBERS, I HAVE WRITEEN ON THIS FORUM SO MANY TIMES THAT VAT IS A STATE SUBJECT HENCE THE QUESTION ON THE VAT CAN NOT BE ANSWERED AS THE QUESTIONS OF INCOME TAX AND SERVICE TAX ARE ANSWERED. LET US WE DEAL THIS QUESTION IN A PROFESSIONAL MANNER. WHAT IS INPUT CREDIT ON CAPITAL GOODS:- NOW FIRST OF ALL WE HAVE HAVE TO SEE WHAT IS CAPITAL GOODS? EACH LAW OF STATE HAS DEFINED IT IN IT'S OWN MANNER BUT THE MOST USED OF COMMON DEFINITION IS :- "CAPITAL GOODS MEANS PLANT AND MACHINERY , PARTS AND ACCESSORIES THEREOF WHICH HAVE BEEN USED FOR MANUFACTURING OF GOODS." WHAT IS INPUT CREDIT ON CAPITAL GOODS:- THE VAT PAID WITHIN THE STATE IS THE INPUT CREDIT ON CAPITAL GOODS. SEE HERE IN LOST OF THE STATES THE INPUT CREIDT ON CAPITAL GOODS IS AVIALABLE ON PLANT AND MACHINERY AND ACCESSORIES AND PARTS THEREOF HENCE YOU CAN BE SURE THAT "TRADERS" CAN NOT CLAIM THIS CREDIT. TIME OF CLAIMING CREDIT:- HERE SEE THE CREDIT CAN ONLY BE CLAIMED AS PER VAT STATE LAWS. SEE SOME OF THE STATES HAVE MADE THE LAW TO GIVE IMMEDIATE CREDIT BUT IN MOST OF THE STATES THERE ARE RESTRICTIONS OF VARIOUS TYPES . SEE SOME OF EXMAPLES:- 1. THE CREDIT FOR CAPITAL GOODS HAVING VALUE UP TO RS. 1 LAKH CAN BE CLAIMED IMMEDITALY. 2. FOR CREDIT FOR MORE THAN RS.ONE LAC BILL CAN BE CLIAMED IN TWO INSTALLMENTS - FIRST IN SEPT AND SECOND IN MARCH. 3. THE INPUT CREDIT ON CAPITAL GOODS CAN BE CLAIMED IN 12 INSTALMETS MONTHLY. HENCE GO FOR PARTICULAR STATE LAW AND DECIDE THE FATE OF INPUT CREDIT ON CAPITAL GOODS. MY SUGGESTIONS TO VAT QUESRIES:- 1. SHOULD INFORM THIER STATE. 2. PLEASE CLARIFY THE PROBLEM IN BRIEF . MY SUGGESTTIONS TO MEMBERS WHO ARE REPLYING:- 1. IF THE PROBLEM IS NOT OF YOUR STATE PLEASE DON'T TOUCH IT 2. ONLY THE CA/EXPERS WORKING IN THAT STATE SHOULD COME FORWARD AND TACKLE THE PROBLE. (THE AUTHOR OF THIS REPLY IS A VAT EXPERS FROM RAJASTHAN HAVING WRITTEN A BOOKS ON VAT IN HIS OWN STATE AND CAN ANSWER GENERAL QUESTIONS ON VAT PLUS SPECFIC QUESTION ON VAT IN RAJASTHAN. FURTHER THE AUTHOR HAS ALSO WIRTTEN ABOUT VAT IN THE FOLLOWING STATES :- DELHI, MAHARASTRA, KARNATAKA AND WEST BENGAL- IN CHARTERED ACCOUNTANTS PRACTICE JOUNAL, DELHI- VAT SPECIAL 2005 ALSO WRITTEN IN ICAI CA JOURNAL -VAT SPECIAL IN 2005 WHEN VAT WAS INTRODUCED IN COUNTRY.) - MY SPECIAL REQUEST TO ALL THE MEMBERS:- 2 MARKS IS REPLY KE LIYE KAM RAHENGE , PLEASE REQUEST THE ADMIN TO GIVE ME AT LEAST 25 MARKS FOR THIS REPLY. ALL THE CONCERNED SHOULD NOT TAKE THIS REPLY AS AN OFFENCE AND READ AND ACT IN TRUE SPIRIT AND SENTIMENTS IN WHICH THE REPLY IS GIVEN. - CA SUDHIR HALAKHANDI |
 |
Sir, i Agree with ur views.
As per RVAT rule 2003, vat credit is available on raw material which is ingredient part of manufacture and includes processing material, consumables, preservative, fuel and lubricant required for the process of manufactureing.
here consumables, preservative, fuel and lubricant means what?
does these also required to be ingredient part of raw material or not?
In case of vat credit on capital goods, “capital goods” means plant and machinery including parts and accessories thereof, meant for use in manufacture unless otherwise notified by
the State Govt. from time to time in the Official Gazette;
Here accessories, means what?
Does machinery mainatenence kit, oil, grease is accessories or not?
CAclubindia
