Legal

Tax Forms

SNo. State Required No. of C/Nor's Invoice copies with ST/TIN No. Printed Type of Form/Permit Required Entry Tax Applicable Octroi Applicable
Inward Outward
1.
Gujarat
2 Form 403 Form 402 No No
2.
Rajasthan
2 VAT Form 47 VAT Form 49 Yes* No

Requirement of form vat-47(Road Permit) for bringing the goods in Rajasthan from other states as interstate purchase VAT-47 Form is not available in paper form and can be downloaded from rajtax website>eservices>Good Declaration (VAT)>e-VAT from (47A) after logging into your account and feeding the needed details. (A) After the amendment dated 8th July, 2009, for bringing the goods from other states, VAT-47 is required only on notified goods (38 items as per notification No. F.12(84)FD/Tax/2009-21) which are as follow :

  1. All kinds of furniture including moulded furniture.
  2. All kinds of lubricants.
  3. All kinds of mattresses, cushion, pillows, all types of sheets and other articles made from foam rubber or plastic foam or other synthetic foam and rubberized coir mattresses.
  4. All kinds of toilet & washing soap & detergents.
  5. All goods made of cement.
  6. All types of bearings.
  7. All types of sanitary goods including sanitary pipes & fittings.
  8. All types of electrical goods including UPS and CVTS.
  9. Audio & Video cassettes.
  10. Butter & Deshi Ghee.
  11. Computers, its softwares floppies and parts.
  12. Cooling equipments including air conditioners and refrigerators.
  13. Copper in all its forms including wires.
  14. Dry fruits including Clove, Cardamom, Pepper & Betel Nut
  15. Raw or refined edible oil & Hydrogenated vegetable oil.
  16. Electronic items including TV, VCR, VCP.
  17. Gur.
  18. Iron & steel as defined U/s 14 of the CST Act.
  19. Parts of Automobile & Tractor except when used in manufacturing of automobiles or tractors.
  20. Pan masala, Gutkha and Churi.
  21. Paints, Varnishes, Colour & Dyes.
  22. Timber, Plywoods, Nuwood and Laminated sheets.
  23. Safety Matches.
  24. Telecommunication and sound transmitting equipments including Cellular & Cordless Telephone, Fax and Pagers.
  25. Tea.
  26. All types of yarn, whether cotton, woollen or synthetic.
  27. Metallic Utensils.
  28. All types of crockery.
  29. Photographic goods.
  30. Plastic goods, PVC granules except when used as raw material for production of plastic goods.
  31. Rubber and goods made of rubber.
  32. All kinds of paper and paper products including exercise books.
  33. All kinds of tiles.
  34. Fireworks.
  35. Non-edible oil.
  36. Rice.
  37. Cotton Seed.
  38. All kinds of foot-wear.
(B) If any registered dealer receives any taxable goods, as may be notified by the State Government, consigned to him from outside the state or by way of branch transfer/depot transfer/stock transfer, is required to issue Form VAT – 47. For this clause, all goods have been specified other than the petroleum products and exempted goods mentioned in notification No. F.12(84)FD/Tax/2009-22. Therefore, for receiving the goods as branch transfer/depot transport/stock transfer, Form VAT – 47 is required on all the goods.

Download Applicability of VAT-47 Form

Service tax is not applicable on following goods:

  1. Fruits, vegetable, eggs, milk, food grains or pulses.
  2. Agriculture produce.
  3. Foodstuff including flours, tea, coffee, jiggery, sugar, milk products, salt and edible oil.
  4. Chemical fertilizers and oilcakes.
  5. Newspaper or magazine registered with registrar of newspaper.
  6. Relief material meant for victims of natural or man-made disaster, calamities, accidents or mishap.
  7. Defense or military equipment.
  8. Cotton ginned or baled.

Download Service Tax Exemption

Basic :Payments to contractor -Section 194C applies to a person who is responsible for “paying any sum to a contractor or sub-contractor”. Such contractor or sub-contractor should be a resident in terms of section 6 of the I.T . Act, 1961. Time of Deduction : As per Section 194C the payer is enjoined to deduct tax at source at the time of credit of any sum to the account of contractor or at the time of payment either in cash or by cheque or draft which ever is earlier . Even where the credit is made in any account called “Suspense Account” or in the books of account of the person liable to pay such income, such credit will be deemed to be in the account of payee (contractor or sub-contractor as the case may be) and deduction of tax will have to be made. Nature of Payment To contractor :The deduction is to be done for payment for carrying out any work(including supply of labour) in pursuance of a contract between the contractor and a specified person . Job work :Where any sum is paid or credited for carrying out any work pertaining to manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased by such customer , then the tax is to be deducted at source ;
  1. On the invoice value excluding the value of material, if such value is mentioned separately in the invoice; or
  2. On the whole of the invoice value, if the value of the material is not mentioned separately in the invoice.
Read More On TDS on Job Work with or without providing Material to contractor TDS rate : The deduction is to be made at the following rates :(applicable from 01.10.2009 ) (also applicable in Financial year 2015-16)
  • 1% where payment/credit is to an individual/HUF .(check Forth Digit of Pan of contractor "P" or "H")
  • 2 % where recipient is any other person.
  • No cess and surcharge on Basic TDS rates given above on payment made to Residents .
TDS without PAN : If Pan has not been provided by the deductee, then TDS must be deducted @ 20% u/s 206AA. (read Section 206AA in detail) Cut off amount :If the credit or the payment in pursuance of the contract does not exceed Rs.30,000/-, no deduction has to be made at source. However , if the aggregate of all amounts paid/credited or likely to be paid/credited exceeds Rs. 75,000/- then tax at source is to be deducted. Due date of Deposit: Before 7th of Next month , However if deposit by Book Adjustment by Govt department then on same day.Tax deducted in the Month of March due date is April 30th. Exemption -
  1. Individual /HUF personal Purpose :No TDS to be deducted by an Individual or an HUF on a contractual payment of work which is for personal purposes of the individual or the HUF .
  2. No TDS on Transporter :No deduction is to be made for sum credited/paid to a contractor during the course of business of plying/hiring/leasing of good/carriages on furnishing Pan to the payer/ deductor .
  3. No TDS on Transporter having 10 or less goods carriage on submission of PAN and declaration by transporter wef 01.06.2015.On other Transporter TDS is applicable as per section 194C i.e 1 or 2 % as the case maybe.
Person responsible to deduct Tax
  1. Central Government or any State Government;
  2. Local authority; or
  3. Corporation established by or under a Central,State or Provincial Act; or
  4. Company ; or
  5. Co-operative society ; or
  6. Authority , constituted in India by or under any law ,engaged either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages, or for both; or
  7. society registered under the Societies Registration Act, 1860(21 of 1860) or under any law corresponding to that Act in force in any part of India; or
  8. trust; or
  9. University established or incorporated by or under a Central S tate or Provincial Act and an institution declared to be university under section 3 of the University Grants Commission Act, 1956(3 of 1956); or
  10. Government of a foreign State or a foreign enterprise or any association or body established outside India; or
  11. Firm; or
  12. Person, being an individual or a Hindu undivided family or an association of persons or a body of individuals, if such person -
    • does not fall under any of the preceding sub clauses; and
    • is liable to audit of accounts under clause (a) or clause (b) of section 44 AB during the financial year immediately preceding the financial year in which such sum is credited or paid to the account of the contractor;
No TDS by Individual /HUF in First year of Operation of business in any case:A sole proprietor or an individual is supposed to deduct tax under sections 194A, 194C and 194J if his books of account are required to be audited under section 44AB in the immediately preceding financial year. So no Tds is required to be deducted in First year of Business by Individual /HUF as there is no preceding year and books of account are not required to be audited under section 44AB in immediately preceding year. Goods carriage’ shall have the meaning assigned to it in the Explanation to sub-section(7) of the section 44AE; ‘contract’ shall include sub-contract ; Meaning of Work ‘work’ shall include
  1. Advertising;
  2. Broadcasting and telecasting including production of programmes for such broadcasting or telecasting ;
  3. Carriage of goods or passengers by any mode of transport other than by railways;
  4. Catering ;
  5. Manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from such customer , but • does not include manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from a person, other than such customer .
- See more at: http://www.simpletaxindia.net/2012/07/TDS-ON-CONTRACTOR-PAYMENT-SECTION-194C.html#sthash.o1RbeTT1.dpuf