INCIDENCE AND LEVY OF TAX
1 LEVY: TAX PAYERS OF HARYANA GENERAL SALES TAX ACT, 1973
- Every dealer who would have continued to be liable to pay tax under the Haryana General Sales Tax Act, 1973 had this Act not come into force; and
- Every other dealer whose gross turnover during the year immediately preceding the appointed day exceeded the taxable quantum as defined or specified in the Haryana General Sales Tax Act, 1973
Shall, be liable to pay tax on and from the 1st day of April, 2003 on the sale of goods effected by him in the State.
The tax levied shall be calculated on the taxable turnover, determined in accordance with the provisions of section 6, at the rates of tax applicable under section 7. Where the taxable turnover is taxable at different rates of tax, the rate of tax shall be applied separately in respect of each part of the taxable turnover liable to a different rate of tax. If the tax calculated is more than the input tax, determined in accordance with the provisions of section 8, the difference of the two shall be the tax payable; and if the input tax is more than the tax calculated, the excess amount shall be either refundable or adjustable with future tax liability in accordance with the provisions of section 20; but if the input tax is a negative value on account of reversal of input tax under the second proviso to sub-section (1) of section 8, the absolute value thereof shall be added to the tax calculated under section 3(4) and the resultant amount shall be the tax payable.
ILLUSTRATION
Serial No.
|
Tax calculated under section 3(4)
|
Input tax
|
Tax payable
|
Refundable/Adjustable
|
1.
|
Rs.100
|
Rs.50
|
Rs.50
|
Nil
|
2.
|
Rs.100
|
Rs.150
|
Nil
|
Rs.50
|
3.
|
Rs.100
|
(-) Rs.50
|
Rs.150
|
Nil
|
- LEVY: NEW TAX PAYERS
Every dealer who is not covered in above case (Tax payers of Haryana General Sales Tax Act, 1973) to and who is of the class mentioned in column 2 of the Table below and whose gross turnover in any year first exceeds the taxable quantum specified in column 3, shall be liable to pay tax on and from the day mentioned in column 4 on the sale of goods effected by him in the State.
TABLE
Serial No.
|
Description of class or classes of dealers
|
Taxable quantum
|
Day on and from which the dealer is liable to tax
|
1
|
2
|
3
|
4
|
1.
|
Dealer who sells or purchases any goods in the course of inter-State trade or commerce or in the course of export of the goods out of, or the import of the goods into, the territory of India.
|
Nil
|
On and from the day he makes such sale or purchase for the first time.
|
2.
|
Dealer who imports any goods into State.
|
Nil
|
On and from the day he imports any goods into State for the first time.
|
3.
|
Dealer who purchases any goods in the Sate and exports out of State such goods or the goods manufactured therefrom.
|
Nil
|
On and from the day he makes purchase of such goods in the State for the first time.
|
4
|
Dealer who is a brick-kiln owner or a Halwaii or a liquor licensee under the Punjab Excise Act, 1914, or who deals in minerals, lottery tickets or such other goods as may be prescribed.
|
Nil
|
On and from the day his gross turnover in any year first exceeds the taxable quantum.
|
5
|
A dealer who resides outside the State but delivers for sale in the State, supplies or distributes in the State, any goods other than those specified in Schedule B.
|
Nil
|
On and from the day following the day his gross turnover in any year first exceeds the taxable quantum.
|
6
|
Any other class or classes of dealers.
|
Rs. 5,00,000.
|
On and from the day following the day his gross turnover in any year first exceeds the taxable quantum.
|
Note: - Where a dealer is covered under more than one of the class or classes mentioned in this Table above, the liability to pay tax shall commence from the earliest day he becomes liable to tax.
However dealer exclusively dealing in exempted goods would not be governed by the provisions of this table.
The tax levied shall be calculated on the taxable turnover, determined in accordance with the provisions of section 6, at the rates of tax applicable under section 7. Where the taxable turnover is taxable at different rates of tax, the rate of tax shall be applied separately in respect of each part of the taxable turnover liable to a different rate of tax. If the tax calculated is more than the input tax, determined in accordance with the provisions of section 8, the difference of the two shall be the tax payable; and if the input tax is more than the tax calculated, the excess amount shall be either refundable or adjustable with future tax liability in accordance with the provisions of section 20; but if the input tax is a negative value on account of reversal of input tax under the second proviso to section 8(1), the absolute value thereof shall be added to the tax calculated under section 3(4) and the resultant amount shall be the tax payable.
<a href="http://gstsms.in">Goods and service tax</a> in India will be subsuming existing indirect taxes.
ILLUSTRATION
Serial No.
|
Tax calculated under section 3(4)
|
Input tax
|
Tax payable
|
Refundable/Adjustable
|
1.
|
Rs.100
|
Rs.50
|
Rs.50
|
Nil
|
2.
|
Rs.100
|
Rs.150
|
Nil
|
Rs.50
|
3.
|
Rs.100
|
(-) Rs.50
|
Rs.150
|
Nil
|
What is Sale?
"Sale" means any transfer of property in goods for cash or deferred payment or other valuable consideration except a mortgage or hypothecation of or a charge or pledge on goods; and includes -
- the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;
- the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
- the delivery of goods on hire-purchase or any system of payment by instalments;
- the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;
- the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;
- the 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, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;
In these conditions liability to pay Sales Tax would get triggered.
Goods and service tax in India GST will bring single avenue for indirect taxation.
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