Saturday, July 19, 2014

FREQUENTLY ASKED QUESTIONS – AP REORGANISATION ACT, 2014 – COMMERCIAL TAX ISSUES




(AT THE MEETING WITH REPRESENTATIVES OF TRADE AND INDUSTRY ON 16/04/2014 AT VISAKHAPATNAM AND 17/04/2014 AT VIJAYAWADA, ORGANISED BY FAPCCI)



Sl.       
No
Query
Response
1
CST Exemption for five years and reduction of tax rates
These are the policy decisions, which can be addressed only by the respective State Governments after 02/06/2014, and not within the purview of A.P. State Reorganisation Act, 2014.

2
Request not to shift STAT additional bench from Visakhapatnam

No such shift is contemplated
3
For the VAT 200 return for the month of May, 2014, which TIN to be mentioned, i.e., old TIN or new TIN

For the May, 2014 VAT return, covering the transactions for the tax period 01/05/2014 to 01/06/2014, the return shall be filed with old TIN only. 
4
Whether old invoices by changing new TIN be used to prevent destroying the stationery on or after 02/06/2014

By changing the old TIN with new TIN for the transactions on and after 02/06/2014, the old invoices may be used, not only to prevent existing printed stationery, but for industries / manufacturers, continuity of invoice serial numbers is required under Central Excise Laws. However, for the purpose of demarcating the serial numbers of invoices upto 01/06/2014 and from 02/06/2014, a new suffix or prefix after the invoice number may be added from 02/06/2014.

5
What about ITC carried forward as on end of 01/06/2014.

The dealer is entitled to carry forward the whole of ITC available as on 01/06/2014. There is no mechanism under the existing provisions of law to claim refund of excess ITC as on 01/06/2014 except in the case of exporters. However, in cases, where the dealers have not filed the return for the month of March 2014, such dealers have the choice of claiming excess ITC available as on 31/03/2014 as refund.

6
Where refund claims pending as on 02/06/2014 shall be paid to the dealers
All the refund claims payable to the dealers as on 02/06/2014 will be paid by the concerned assessing authority of the State under whom the dealer has to file returns / pay taxes in the new State(s) on or after 02/06/2014.

7
Furniture Dealers:  Request for reduction of rate of tax from 14.5% to 5%

These are the policy decisions, which can be addressed only by the respective State Governments after 02/06/2014, and not within the purview of A.P. State Reorganisation Act, 2014.

8
Whether registration under A.P. Profession Tax, Luxury Tax etc. to be changed

Unless otherwise notified by the competent registering / assessing authority, the old registrations under all enactments (other than APVAT and CST Acts) will continue to hold good.

9
“C” Forms not obtained as on 02/06/2014 for the earlier transactions. Whether to be obtained with new TIN or old TIN and from whom?

They have to quote the old TIN and request “C” Forms from the concerned assessing authority under whose jurisdiction, they come on or after 02/06/2014.
10
On proposed special packages to north Coastal Andhra Pradesh and Rayalaseema regions – whether only for new industries, expansion units on or after 02/06/2014 – request to extend the incentives to existing industrial units also

A.P. Reorganisation Act, 2014 is not specifying what are the incentives proposed under the so called special packages and if so, from what date such incentives will be applicable and it is not also specific, whether they cover only new industries and expansion units set up on or after 02/06/2014. As and when guidelines are formed, there will be clarity.
11
Purchase of goods before 02/06/2014 but receipt of goods after 02/06/2014.  How to claim ITC

Purchase of goods before 02/06/2014 would be with old TIN.  When goods are received on or after 02/06/2014, no input tax credit will be allowed with old TIN, as such old TINs does not exist on or after 02/06/2014.  The dealers have to think of business solutions instead of legal solutions.

12
The period to be included in the return for May, 2014

For the VAT 200 return for May, 2014, the transactions for the period from 01/05/2014 to 01/06/2014 shall be included and such return shall be filed on or before 20/06/2014.

13
Presently, there is a branch office in Telangana and registered office with TIN in Andhra area.  Post bifurcation, how the Telangana branch office will be registered in the State of Telangana

If the dealer does not choose in which Circle, he seeks registration, including designating a principle place of business in the State of Telangana, then based on the physical location and address of the present branch office, a new TIN will be assigned by the C.T. Department in the State of Telangana and allotted to a circle, as per Door No., House No. etc.

14
Whether Advance Rulings are valid even after 02/06/2014. What about pending applications for Advance Rulings?

All Advance Rulings issued prior to 02/06/2014 are valid even after 02/06/2014 in both the States. Pending applications for Advance Rulings as on 02/06/2014 shall be transferred to the respective States based on the TIN of the applicant dealers. 

15
All industrial incentives, being presently availed by the dealers whether honoured after 02/06/2014
Depending upon the physical location of the industrial unit, they will be honoured in the State, in which the said registered dealer will come under

16
ITC – whether to be carried forwarded or not

It is a decision to be taken by the dealers at the time of filing the monthly VAT 200 return for the month of March, 2014.  At the time of filing return for March, 2014, either they can claim refund of the excess ITC or choose to carry forward the said excess ITC to the next tax period.  For the excess ITC, if any, as on 01/06/2014, the dealer has no option to claim refund of such excess ITC as on 01/06/2014 unless such dealers are exporters, but to mandatorily carry forward such ITC.

17
Revised return – whether with old TIN and upto what period

As per existing provisions of VAT law, revised return may be filed within 6 months from the end of the tax period to which the revised return relates and for the transactions prior to 02/06/2014, revised return shall be filed only with old TIN.

18
Whether new password will be given for new TIN

Since the new TIN is being generated in the place of old TIN with a new prefix for the new State(s) of Telangana and Andhra Pradesh, the old password may be used for the first time and if the dealer so chooses, may change such password subsequently.
19
Whether old TIN and new TIN can be operated with new password

Yes, initially and the dealer can change password subsequently. 
20
A dealer having new TINs in A.P and Telangana – after raising a branch stock transfer from A.P to Telangana (vice versa also) – if an invoice is also simultaneously raised in A.P and stock sent to the customer in Telangana directly instead of to the branch – Whether it is stock transfer?

No. As the goods are moving from Andhra Pradesh to a dealer / customer in Telangana with an invoice raised directly in the name of the customer, even though the branch name of Telangana is mentioned, as the goods are moving directly from one State to another State customer, such interstate movement of goods will be treated as interstate sale from A.P to Telangana customer but not interstate stock transfer from A.P to Telangana branch.
21
Separate logins / passwords required for waybills like e-payments

Separate login / password are required for waybills and e- payments separately for the State of Telangana and for the State of Andhra Pradesh. If such facility is not available in the software, necessary changes will be made.

22
Advance tax paid in Vehicular Traffic Cheque is not getting adjusted in VAT 200 return

This is a software glitch unconnected with A.P. State Reorganisation.  Will be examined and necessary remedial action will be taken along with any other software bugs.

23
Payment of tax in TOT instead of VAT – Request not to allow TOT number against VAT dealer

The initial onus to pay tax against a proper registration number rest with the dealer or it’s authorized STP etc.  However, any software glitch will be examined and rectified.

24
Request not to detain vehicles while conducting VTC / at checkposts, but to note down vehicle number, TIN / Registration number of the consignor / consignee and leave the vehicle

Vehicle detention will be a contingent decision taken by the person, checking the vehicle / authorised officer at the checkpost.  Depending upon the exigencies, the said officer may chose either to detain the whole vehicle along with the goods or may detain sufficient quantity of goods to meet the tax / penalty component (likely) and may leave the vehicle and balance of goods. This is not connected with the A.P. State Reorganisation Act, 2014.


25
Levy of Entry Tax on vehicles brought from Telangana / Andhra Pradesh into other States, which are less than 15 months old

At present, Entry tax is leviable on the vehicles, if the registration of the said vehicle in the State of origin is less than 15 months from the date of such registration under the Motor Vehicles Act, 1988.  For eg., if the vehicle is registered in the State of Telangana as on 04/06/2014 and the said vehicle is brought into the State of A.P as on 02/09/2015.  Since the vehicle is registered in the State of Telangana, which is less than 15 months old, Entry tax is leviable by the State of Andhra Pradesh, if such vehicle is brought into the State of Andhra Pradesh (similar is the case in the State of Telangana)

26
Whether new “C” Forms / other Statutory Forms will be issued for Telangana State

Steps are being taken to issue new “C” Forms and other statutory Forms for the State of Telangana for the transactions on or after 02/06/2014.

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