Guwahati university B.com all sem solved
Board Question paper of Indirect Tax Laws for B.COM 6th semester of 2024, SOLVED
2024
COMMERCE
(Honours
Core)
Paper:
COM-HC-6026
(Indirect Tax Laws)
Marks: 80
Time: Three hours
The figures in the
margin indicate full marks for the questions.
Answer either in English or in Assamese.
1. Answer the following questions as directed: 1×10=10
(a) VAT is a type of----- Tax. (Fill up the blank
with appropriate word/words)
Answer: Consumption
(b)------ was the first country to introduce Value
Added Tax System. (Fill up the blank with appropriate word/words)
Answer: France
(c) Central Excise duty is levied and collected by
-------(Fill up the blank with appropriate word/words)
Answer: The Central Government
(d) Excise duty is a form of direct tax. (State
whether this statement is "True"
or "False")
Answer: False Because Excise
duty is a form of indirect tax.
(e) One of the objectives of the Customs Act, 1962 is
to protect the domestic industries. (State whether this statement is "True" or "False")
Answer: True
(f) Prohibited goods cannot be exported. (State
whether this statement is " True "
or " False ")
Answer: True
(g) IGST stands for --------Services Tax.
Goods and service Tax (Fill up the blank with appropriate word/words)
Answer: Integrated
(h) India is the first country in the world to
introduce dual GST. (State whether this statement is " True " or " False
")
Answer: False.
Some countries have dual GST systems, but the way they apply them differs.
(i) At present, there are three tax slabs under GST
for goods. (State whether this statement is '"True
" or " False ")
Answer: False Because India
has multiple GST tax slabs for goods, including 0%, 5%, 12%, 18%, and 28%, and
some special rates
(j)GSTIN is a -------number. digit alpha-numeric
(Fill up the blank with appropriate word/words)
Answer: 15-digit
2. Answer the following questions:
2x5=10
(a) What is VAT?
Answer: VAT is a tax on the value added at each stage
of production. Consumers pay it, businesses collect it, deduct previous taxes,
and send the rest to the government. This avoids double taxation.
(b) What is
the meaning of 'Factory' under the Central Excise Act, 1944?
Answer: A factory is any place where excisable goods
are made. It includes buildings, machinery, and other equipment used in the
production process. Goods produced here are subject to excise duty under the
law.
(c) What is the meaning of 'Manufacturer'
under the Central Excise Act, 1944?
Answer: A manufacturer is a person or business
involved in making excisable goods. This includes any process that changes raw
materials into a new product, making it liable for excise duty under the
Central Excise Act, 1944.
(d) Write any two objectives of implementation of GST
in India.
Answer: The two objectives of implementation
of GST in India are mention below:
1.
To create a unified national market by removing
tax barriers between states, ensuring smooth trade.
2.
To simplify the tax structure, making compliance
easier and reducing the tax burden on businesses and consumers.
(e) What is the meaning of 'Refund' under the
GST Act?
Answer: A refund under GST refers to returning excess
tax paid by a taxpayer. If the tax paid is more than the actual liability, the
government refunds the extra amount, ensuring fair taxation and avoiding
financial burden.
3. Answer any four questions:
5×4=20
(a) What do you mean by excisable goods?
Answer: Excisable goods are products made within a
country that are subject to excise duty. This is a type of tax applied to their
production or manufacture. The cost of this tax is usually added to the
product's price, meaning the consumer pays it indirectly. The government collects
this tax to regulate certain industries and generate revenue. Excisable goods
are listed under the Central Excise Act, and common examples include alcohol,
tobacco, and petroleum products
(b) Explain the meaning of 'Anti-dumping Duty'
as per Customs Law.
Answer: Anti-dumping duty is a tax placed on imported
goods when they are sold at a lower price than their actual market value or
cost of production. This tax is meant to prevent foreign companies from
"dumping" cheap goods into the local market, which could harm domestic
industries. By imposing this duty, the government ensures fair competition,
protects local businesses, and prevents market imbalance. It helps maintain
stable prices and supports the growth of domestic industries.
(c) Describe the various types of tax under Dual
GST.
Answer: India follows a Dual GST system, which
includes three types of taxes. CGST (Central GST) is collected by the central
government on sales within a state. SGST (State GST) is collected by state
governments on the same intra-state sales. IGST (Integrated GST) is charged on
goods and services moving between states. The central government collects IGST
and then shares it with the destination state. This system ensures fair tax
distribution and a smooth nationwide tax process
(d) Explain the threshold limits for registration
under the GST ACL GST
Answer: Businesses must register for GST if their
annual turnover exceeds ₹40 lakhs for goods and ₹20 lakhs for services.
However, in special category states, the limits are ₹20 lakhs for goods and ₹10
lakhs for services. Businesses below these limits are not required to register
unless they voluntarily opt for it. These limits help small businesses by
reducing tax compliance requirements, allowing them to operate more easily
without the burden of additional taxation and paperwork.
(e) Briefly explain the persons who are not liable to
registration under the GST Act.
Answer: Some persons and businesses do not need to
register under GST. These include farmers selling their own produce, businesses
dealing only in exempted goods or services, and small businesses with turnover
below the GST threshold. Also, some non-resident suppliers without a fixed
business location in India have different registration rules. This exemption
helps reduce the tax burden on small traders and specific categories of
businesses, allowing them to operate smoothly without unnecessary tax
compliance
(f) Briefly explain the advantages of GST to the
consumers.
Answer: The advantages of GST to the consumers
are mention below:
- Removes Double Taxation – GST
eliminates multiple indirect taxes like VAT and excise, reducing the
overall tax burden. This lowers the final price of goods and services,
benefiting consumers financially.
- Simplifies
Tax System – GST replaces complex tax structures with a single
transparent system. Consumers can easily understand how much tax they are
paying, ensuring better clarity and accountability in pricing.
- Lowers
Business Costs – A uniform tax system across India reduces
compliance costs for businesses. Lower operational expenses often result
in reduced product prices, making goods and services more affordable for
consumers.
- Uniform
Pricing – GST helps reduce transport and logistics costs by
eliminating state-specific taxes. This ensures consistent pricing of goods
and services across different states, preventing regional price variations
for consumers.
4. Answer any four questions: 10×4=40
(a) Briefly describe the history of indirect taxes in
India.
Answer: Indirect taxes in India date back to the
British era, when taxes like customs duties and excise were imposed. After
independence, the government introduced central excise duty and sales tax,
which were levied on the production and sale of goods. However, the taxation
system became complex with multiple indirect taxes at both the central and
state levels. To simplify this, Value Added Tax (VAT) was introduced in stages,
replacing state sales tax. Eventually, GST (Goods and Services Tax) was
implemented on July 1, 2017, merging multiple indirect taxes into a single
unified tax system. GST aimed to remove tax barriers between states and create
a seamless national market.
(b) Explain the basis of valuation of petroleum
products for levy of excise duty.
Answer: Excise duty on petroleum products is
calculated based on their transaction value, following the ad valorem method,
meaning it is levied as a percentage of the product’s value. The transaction
value includes the ex-factory price (price at which it leaves the refinery) but
excludes transportation costs and taxes. The government may also fix tariff
values for specific petroleum products, setting a fixed duty per unit. Several
factors influence the valuation, including global crude oil prices, refining costs,
transportation expenses, and market demand. In some cases, different excise
duty rates apply based on the product type and its end-use, ensuring efficient
taxation and revenue collection.
(c) Explain the custom procedure for import of goods
in India.
Answer: Importing goods into India involves several
customs procedures to ensure compliance with tax and trade regulations. The
process starts when the carrier (ship, plane, or truck) files an Import General
Manifest (IGM) with customs upon arrival. The importer then submits a Bill of
Entry, detailing the goods, their value, and origin. Customs officials assess
the goods, determine applicable import duties and taxes, and conduct physical
inspections if necessary. Once duties are paid, a "Let Export" order
is issued, allowing the goods to be released for domestic use. Special
procedures apply to perishable, hazardous, or restricted items, and electronic
filing has made the process faster and more efficient.
(d) Briefly explain the history of introduction of
Goods and Services Tax in India.
Answer: The idea of Goods and Services Tax (GST) was
first discussed in the early 2000s to replace India’s complex indirect tax
system. A task force recommended GST in 2004, and discussions continued for
over a decade. The government introduced constitutional amendments, and after
extensive deliberations, GST was officially implemented on July 1, 2017. It
replaced excise duty, service tax, VAT, and other state and central taxes,
creating a single, unified tax system. GST aimed to simplify tax compliance,
reduce tax cascading, and promote seamless trade across states. Its
introduction was a major economic reform, supported by advanced IT
infrastructure and online tax filing systems.
(e) Briefly explain the salient features of Goods and
Services Tax.
Answer: The salient Features of GST (Goods and
Services Tax) are mention below :
- Multi-Stage
Tax – GST is levied at every stage of the supply chain, from
production to sale, ensuring tax is collected fairly without increasing
the burden on businesses or consumers.
- Destination-Based
Tax – GST is collected in the state where goods or services are
consumed, ensuring fair tax distribution and eliminating complexities
in interstate trade taxation.
- Replaces
Multiple Taxes – GST combines central and state taxes,
replacing excise duty, VAT, and service tax, simplifying the tax structure
and reducing compliance burdens for businesses.
- Three-Tier
Structure – GST is divided into CGST (Central GST), SGST (State
GST), and IGST (Integrated GST), ensuring proper revenue sharing
between central and state governments.
- Input
Tax Credit (ITC) – Businesses can claim credit for taxes paid on
inputs, reducing their final tax liability and preventing double
taxation at different stages of production and sales.
- Technology-Driven
System – GST registration, returns, and tax payments are entirely
online, making compliance easier, reducing paperwork, and enhancing
transparency in tax administration.
- Eliminates
Interstate Barriers – GST enables seamless trade across states,
removing entry taxes and checkpoints, reducing logistics costs, and
creating a unified national market for businesses.
- Promotes
Tax Efficiency – GST simplifies tax collection, improves compliance,
and reduces tax evasion, ensuring better revenue generation for the
government while keeping costs manageable for businesses and consumers.
(f) Explain the procedure for registration under the
Goods and Services Tax Act.
Answer: The procedure for registration under the Goods and Services Tax Act
1.
Determine Eligibility – Businesses
must check if their annual turnover exceeds ₹40 lakhs for goods and ₹20
lakhs for services (lower for special category states) to determine
mandatory registration.
2.
Visit GST Portal – Applicants must
go to the official GST portal (www.gst.gov.in) and select the option for new
registration, providing basic business details.
3.
Submit Business Details – Enter PAN,
Aadhaar, business address, bank account details, email ID, and mobile number
for verification and communication purposes.
4.
Upload Required Documents – Submit
necessary documents, including proof of business ownership, identity proofs,
address proof, and bank statements, in the prescribed format.
5.
Verification via OTP – The system
sends a one-time password (OTP) to the registered mobile number and email,
which must be entered to verify the application.
6.
Receive Temporary Reference Number (TRN)
– After verification, applicants receive a TRN, which allows them to
track and complete the GST registration process.
7.
Fill Part B of Application – Using
the TRN, applicants log in again and complete Part B of the GST registration
form (GST REG-01) with additional business details.
8.
Application Submission – After
filling the form and attaching documents, the application is digitally
signed and submitted online through the GST portal.
9.
Processing by Authorities – The
GST officer reviews the application and documents, and may ask for
additional information or clarification within 3 working days if
required.
10.
Issuance of GSTIN – Upon approval,
the applicant receives a GST Identification Number (GSTIN), enabling
them to legally charge GST and file returns under the GST system.
(g) Explain any five objectives of
introduction of VAT.
Answer: The five objectives of introduction
of VAT are:
1.
Eliminating Tax Cascading – VAT
ensures that tax is applied only to the value added at each stage, preventing
multiple taxes on the same product.
2.
Improving Transparency – VAT
makes the tax system clearer, as businesses and consumers can see the tax paid
at each stage.
3.
Increasing
Government Revenue – VAT broadens the tax base and reduces tax evasion,
leading to higher revenue collection.
4.
Encouraging
Fair Pricing – By removing multiple indirect taxes, VAT helps keep
prices fair and predictable for consumers.
5. Simplifying the Tax System – VAT
replaced complex state sales tax structures, making compliance easier for
businesses and improving efficiency.
(h) Explain the following terms as per the Customs
Act, 1962. 5×2=10
1)
High Seas
Answer: High seas refer to
international waters beyond a country’s territorial boundaries. No single
country has full jurisdiction over these waters, and all nations have equal
rights for navigation, fishing, and trade. However, customs authorities can
inspect goods on the high seas to prevent illegal trade and smuggling.
2)
Territorial Waters
Answer: Territorial waters extend 12
nautical miles from a country’s coastline. Within this area, a country has full
sovereignty, meaning it can enforce its customs laws, inspect ships, and
regulate trade. Any smuggling or unauthorized activities in these waters are
subject to legal action by customs and maritime authorities
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