Applied Indirect Taxation
Applied Indirect Taxation
Applied Indirect Taxation
CENTRAL EXCISE
Q11. State with reasons, whether the following statements are ture or false (Answer without reasoning
will not receive any credit) :
(a) Repacking of an already manufactured product would amount to manufacture in
Excise Law.
(b) Define Excisable goods as mentioned in Central Excise Act, 1944.
[Ref : Q1. (b), (c) Dec. ’10 / Paper-10] 2+2
Q12. Fill in the blanks :
(a) Central excise is a duty on excisable goods manufactured or produced in India, other
than .
(b) For stock transfer of goods out of the state, input tax paid in excess of will
be eligible for tax credit. [Ref : Q1. (a), June ’11/Paper-10] 1×2
4 SCANNER ! APPLIED INDIRECT TAXATION
Q13. State with reasons, whether the following statements are true or false. (Answer without reasoning
will not receive any credit).
(a) Materials used for maintaining factory building are eligible for cenvat credit.
(b) Subsidy given by government to manufacturers to compensate cost of production will
form part of sale price.
(c) What is the significance of taxable event in central excise?
[Ref : Q1. (b), (c), June ’11/Paper-10] 2×3
Q2. (a) What is special Audit under section 14AA of CEA? (cenvat credit Audit)
[Ref : Q6. (a), Dec ’08 / Paper-10] 4
(b) Who can conduct such audit? [Ref : Q6. (b), Dec ’08 / Paper-10] 3
(c) Who can order such audit? [Ref : Q6. (c), Dec ’08 / Paper-10] 4
(d) What is the time limit for submission of report? [Ref : Q6. (d), Dec ’08 / Paper-10] 4
Q3. (a) Determine the value of a product and excise duty payable on the basis of following data
(i) Goods sold at Depot Price 20,000
Freight from factory to Depot 500
Insurance 500
Octroi 1200
Star VAT 800
CE 16%, Education Cess 2%, SAH Cess 1% [Ref : Q7. (a)(i), Dec ’08 / Paper-10] 6
(b) Complete AV2CE if the goods are used for captive consumption. Assume cost of production is
80% of the invoice price in above question. [Ref : Q7. (a)(ii), Dec ’08 / Paper-10] 4
Q5. Meaning of “accessory” for excise duty purpose. [Ref : Q3. (b), June ’09 / Paper-10] 5
Q6. Duty Entitlement Pass Book (DEPB) scheme. [Ref : Q3. (c), June ’09 / Paper-10] 5
Q7. Special Audit as per Sec. 14A of Central Excise Act, 1944.[Ref : Q3. (d), June ’09 / Paper-10] 5
Q8. Who is a job worker? State how is value determined when the goods are manufacturered on job
work basis. [Ref : Q4. (a), June ’09 / Paper-10] 3+6
SCANNER ! APPLIED INDIRECT TAXATION 5
Q9. A Ltd. supplies raw material to a job worker J Ltd. After completing the job-work, the finished
product of 5,000 packets are returned to A Ltd. putting the retail sale price as Rs. 20 on each
packet. The product in the packet is covered under MRP provisions and 40% abatement is
available on it. Determine the assessable value under Central Excise Law from the following
details :
Q10. Explain the provisions relating to cenvat credit on goods, services and capital goods under
Central Excise. [Ref : Q7. (a), June ’09 / Paper-10] 8
Q11. An assessee cleared various manufactured final products during June, 2008. The duty payable
for June, 2008 on his final products was as follows : Basic Rs. 2,00,000, Education Cesses—as
applicable. During the month, he received various inputs on which total duty paid by suppliers
of inputs was as follows : Basic duty Rs. 50,000, Education Cess Rs. 1,000, SAH education Cess
Rs. 500. Excise duty paid on capital goods received during the month was as follows : Basic
duty Rs. 12,000, Education Cess Rs. 240, SAH Education Cess Rs. 120. Service Tax paid on
input services was as follows : Service Tax Rs. 10,000, Education Cess Rs. 200, SAH Education
Cess Rs. 100.
How much duty the assessee will be required to pay by GAR-7 challan for the month of June
2008, if assessee had no opening balance in PLA account? What is last date for payment?
[Ref : Q7. (b), June ’09 / Paper-10] 7
Q12. Briefly discuss the provisions of Section 14A of the Central Excise Act, 1944 relating to special
audit. [Ref : Q3. (a), June ’10 / Paper-10] 5
Q13. Will the quantum of goods manufactured relating to printed laminated rolls with brand name,
be considered for SSI exemption limit? [Ref : Q3. (b), June ’10 / Paper-10] 3
Q14. Is it correct to say that the concept of Input Service Distributor is a facility and not a compulsion
for availing CEN VAT credit? [Ref : Q3. (c), June ’10 / Paper-10] 4
Q15. Who are the persons liable to pay Central excise duty? [Ref : Q3. (d), June ’10 / Paper-10] 3
Q19. Explain the provisions of the Central Excise Act, 1944 which empower the Central Government
not to recover the duties of excise not levied or short levied as a result of general practice. If the
duty has been paid despite such practice, is it refundable?
[Ref : Q4. (b), Dec. ’09 / Paper-10] 6+2
Q20. Write short notes on :— e-payment of excise duty and state whether it is compulsory or not.
[Ref : Q5. (b), Dec. ’09 / Paper-10] 7+2
Q21. What will be the consequences in case the ‘subject goods’ are not used by the manufacturer for
the purpose specified in the notification? When will the subject goods be deemed as not been
used for intended purpose? [Ref : Q6. (b), Dec. ’09 / Paper-10] 5
Q22. Describe, in brief, the procedure for export of goods under bond as per Rule 13 of C.E. Rules,
1944. [Ref : Q8. , Dec. ’09 / Paper-10] 15
Q23. Briefly discuss the provisions of Section 14A of the Central Excise Act, 1944 relating to special
audit. [Ref : Q3. (a), June ’10 / Paper-10] 5
Q24. Will the quantum of goods manufactured relating to printed laminated rolls with brand name,
be considered for SSI exemption limit? [Ref : Q3. (b), June ’10 / Paper-10] 3
Q25. Is it correct to say that the concept of Input Service Distributor is a facility and not a compulsion
for availing CENVAT credit? [Ref : Q3. (c), June ’10 / Paper-10] 4
Q26. Who are the person liable to pay Central excise duty? [Ref : Q3. (d), June ’10 / Paper-10] 3
Q27. Briefly discuss the aspects relating to self assessment by an importer on the basis of ‘Risk
Management System’. State the categories of eligible and ineligible persons who can make use
of this scheme. [Ref : Q4. (b), June ’10 / Paper-10] 7
Q29. Briefly discuss about the general exemption and concessions given to SSI units for excise duty
purposes. [Ref : Q2. (a), Dec. ’10 / Paper-10] 4
Q30. Who is liable to pay Excise Duty in case goods are produced or manufactured on Job Work?
[Ref : Q3. (a), Dec. ’10 / Paper-10] 2
Q31. Explain steps involved in classifying a product under Central Excise Tariff Act.
[Ref : Q4. (a), Dec. ’10 / Paper-10] 5
Q32. What do you understand by advance ruling under Service Tax? State briefly the question on
which “Advance Ruling” can be sought? [Ref : Q5. (a), Dec. ’10 / Paper-10] 5
Q33. M/s. P Ltd. used to label its products with a foreign brand and claimed exemption under a
notification. The classification list was approved by the department after carrying out
verifications and all returns were regularly filed. The invoice containing description of goods
were also regularly approved by the department. The department denied the benefit of exemption
to the assessee for previous period of five years, by invoking extended period of limitation
under section 11A on the ground that it failed to declare the particulars regarding affixing of
labels. Is the department justified? Discuss. [Ref : Q7. (a), Dec. ’10 / Paper-10] 5
Q34. Write note on ‘Input service’ for purpose of Cenvat Credit as applicable to a manufacturer.
[Ref : Q7. (b), Dec. ’10 / Paper-10] 6
Q35. Name two situations where excise duty liability is not of the actual manufacturer but of the
person who has supplied the raw material to the manufacturer.
[Ref : Q7. (c), Dec. ’10 / Paper-10] 2
Q36. Explain provisions in respect of valuation for excise duty purposes determined when sales are
generally through a related person. [Ref : Q8. (a), Dec. ’10 / Paper-10] 5
Q37. Explain how DEPB scheme helps in making exported products tax free.
[Ref : Q8. (b), Dec. ’10 / Paper-10] 5
Q38. Discuss provisions relating to mandatory penalty equal to the amount of duty under the Central
Excise Act and circumstances when such penalty shall be reduced.
[Ref : Q8. (c), Dec. ’10 / Paper-10] 5
Q39. ‘Provisional Assessment’ under Rule 7 of the Central Excise Rules, 2002.
[Ref : Q2. (b), June ’11 / Paper-10] 4
Q40. An assessee cleared various manufactured final products during June, 2010. The duty payable
for June, 2010 on his final products was as follows : Basic Rs. 1,00,000, education cess as
applicable. During the month, he received various inputs on which total duty paid by suppliers
of inputs was as follows : Basic duty Rs. 25,000, Education cess Rs. 500, SAH education cess
Rs. 250. Excise duty paid on capital goods received during the month was as follows : Basic
duty Rs. 6,000, Education cess Rs. 120, SAH education cess Rs. 60. Service tax paid on input
services was as follows : Service tax Rs. 5,000, Education cess Rs. 100, SAH education cess
8 SCANNER ! APPLIED INDIRECT TAXATION
Rs. 50. How much duty the assessee will be required to pay by GAR 7 challan for the month of
June, 2010, if assessee had no opening balance in his PLA account? What is last date for
payment? [Ref : Q4. (b), June ’11 / Paper-10] 5
Q41. If any excisable goods are exempted from duty of excise absolutely, the manufacturer of such
goods will be bound to avail the exemption. Comment. [Ref : Q6. (d), June ’11 / Paper-10] 2
Q42. An assessee purchased inputs weighing 200 Kg. The duty paid on inputs was Rs. 2000. During
transit from supplier to the factory of manufacture, 10 Kg of the inputs were destroyed. The
destroyed quantity of inputs does not qualify to be ‘inputs’ within the meaning of the Cenvat
Credit Rules, 2004. Discuss. [Ref : Q6. (f), June ’11 / Paper-10] 2
Q43. Special audit under sections 14A and 14AA of the Central Excise Act, 1944 can be done by a
cost accountant only. Comment. [Ref : Q6. (g), June ’11 / Paper-10] 1
Q44. Explain situations where the provisions of unjust enrichment under section 11B(2) of the Central
Excise Act, 1944 will not apply and the applicant will be entitled to refund.
[Ref : Q7. (c), June ’11 / Paper-10] 5
CUSTOMS LAWS
Q8. State with reasons, whether the following statements are true or false (Answers without reasoning
will not receive any credit) :
(a) Customs officer should pass an adjudication order in all situations where an
assessment is done more than the claim of importer/exporter.
[Ref : Q1. (b), June ’10 / Paper-10] 2
Q9. Fill in the blanks :
(a) A passenger returning to India after stay in Germany for one week is entitled to bring
goods up to Rs. without payment of any Customs duty.
(b) In case of imports other than imports by EOU the imported goods can be kept in Customs
bonded ware-house for days without paying any interest.
[Ref : Q1. (a), Dec. ’10 / Paper-10] 1+1
Q10. State with reasons, whether the following statements are true or false (Answers without reasoning
will not receive any credit) :
(a) Customs duty is not paid by an importer and it was found that such non-payment was
on account of fraud committed by him. In such case, there is no time limit for issue of
show cause notice demanding duty and penalty.
(b) Is it possible for a Trader to claim refund of special CVD from customs department? State
your views. [Ref : Q1. (b), (c), Dec ’10 / Paper-10] 2+1
(b) Bills of entry can be submitted days prior to expected date of arrival of
vessel.
(c) Article having eight digit code where customs duty rate is specified in the customs tariff
is termed as . [Ref : Q1. (a), June ’11 / Paper-10] 1×3
Q12. State with reasons, whether the following statements are true or false. (Answer without reasoning
will not receive any credit).
(a) Second hand goods imported are not chargeable to customs duty.
[Ref : Q1. (b), June ’11 / Paper-10] 2
Q2. Customs value (Assessable value of imported goods) is Rs. 4,00,000. Basic customs duty payable
is 10%. If the goods were produced in India, excise duty would have been 16%. Education cess
is as applicable. Special CVD is at appropriate rates. Find the customs duty payable. How
much Cenvat can be availed of by importer if he is manufacturer?
[Ref : Q2. (b), Dec ’08 / Paper-10] 7
Q3. What do you understand by transit and transhipment of goods? Under what conditions do
they enjoy exemptions from duty under the Customs Act, 1962?
[Ref : Q2. (a), June ’09 / Paper-10] 10
Q4. The assessable value of an imported items is Rs. 1,00,000. Basic customs duty is 20%, additional
duty of customs is 2% and secondary and higher education cess is 1% on duty. No additional
duty of customs is chargeable on such goods u/s 3(5) of the Act.
Compute the amount of customs duty payable. Also state the amount of credit available to the
importer. [Ref : Q2. (b), June ’09 / Paper-10] 5
Q5. Mention briefly any five illustrative cases under the Customs, Central Excise Duties and Service
Tax Drawback Rules, 1995, where all the industry Drawback rates will not apply.
[Ref : Q8. (a), June ’09 / Paper-10] 6
Q6. Write notes on Special Brand Rate. [Ref : Q8. (b), June ’09 / Paper-10] 4
SCANNER ! APPLIED INDIRECT TAXATION 11
Q7. From the following data, you are required to compute the customs duty payable by Sukbhir & Co:
(In Euro)
FOB value of textile machinery 1,00,000
Air freight 26,000
Expenses incurred by seller for improving the design, at buyer-importer’s request 4,000
Transit Insurance 2,000
Exchange rate 1 Euro = Rs. 60
Basic duty 25% Rate of CVD 16% Rate of SAD 3%
The price offered m the importer is a special discounted price. The buyer-importer has been
specifically directed not to disclose this price to any buyer in India. Seller’s normal selling price
is 1,20,000 Euro. [Ref : Q4. (a), June ’10 / Paper-10] 8
Q8. Briefly explain the significance of the levy of “auto Dumping duty” under the Customs Tariff
Act. [Ref : Q2. (a), Dec. ’09 / Paper-10] 7
Q9. Shakti has imported certain goods by air. FOB value of goods is $2000. Freight $500 and
insurance $50. Rate of exchange is $1 = Rs. 50.
Landing charges is 1% of CIF value. Calculate the assessable value for Customs Duty.
[Ref : Q2. (b), Dec. ’10 / Paper-10] 8
Q10. Short note on — Simplified Brand Rate Fixation scheme. [Ref : Q6. (d), June ’10/Paper-10] 3
Q11. What are the methods of valuation of customs duty? Is it mandatory that they should be applied
sequentially? [Ref : Q8. (a), June ’10 / Paper-10] 4
Q12. Mr. Ram, the assessee, has purchased goods from Mr. Rahim, on high sea sales basis. Mr.
Rahim has imported the same Mr. Antony of Malaysia for an invoice value of 10,000 USD.
Mr. Rahim has charged the assessee for 11,000 USD. The assessee contends that while arriving
at the assessable value for customs, the price charged by the foreign supplier to Mr. Rahim
should be taken as the basis. Is the same correct? [Ref : Q8. (b), June ’10 / Paper-10] 3
Q13. Can an importer, exporter or ‘person in charge’ amend the documents submitted to customs
authorities? If yes, from what date is the amendment effective?
[Ref : Q2. (b), Dec. ’10 / Paper-10] 3
Q14. What is the “taxable event” in the case of export of goods under customs law? Is export duty
payable in case of applicable goods where ship travels 40 nautical miles from Indian port and
the title passes to the buyer, but the ship returns to India because of engine trouble? What is the
relevant date for export duty? [Ref : Q2. (d), Dec. ’10 / Paper-10] 4
12 SCANNER ! APPLIED INDIRECT TAXATION
Q15. Discuss the includibility or otherwise to the assessable value under the Customs Act, 1962 of
the following payments made by an importer to the overseas supplier of a second hand Plant in
India :
(i) Dismantling charges for removing the second hand Plant at the supplier’s place and
shipping to the Indian importer.
(ii) Fees for supervision of erection and commissioning of plant in India. For this purpose
the Foreign Supplier deputed their technicians in India.
[Ref : Q3. (b), Dec. ’10 / Paper-10] 2×2
Q16. CIF value of imported goods is Rs. 10,00,000. Basic Customs Duty payable is 10%. If the goods
were produced in India, Excise Duty payable would have been 8%. Education cess is 2% and
Special Education Cess is 1%. Spl. CVD is payable at appropriate rates. Find the Customs duty
payable. What are the duty refunds/benefits available if the importer is (a) manufacturer
(b) Service provider (c) Trader? [Ref : Q6. (a), Dec. ’10 / Paper-10] 11
Q17. Write brief note on – Refund of special CVD paid on goods imported by a trader.
[Ref : Q2. (c), June ’11 / Paper-10] 5
Q18. Discuss provisions for valuation of exports, if value cannot be determined on basis of transaction
value. [Ref : Q4. (a), June ’11 / Paper-10] 6
Q19. Explain the term “joint venture in India” under the explanation to section 28E(C) of he Customs
Act 1962 for the purpose of advance ruling. [Ref : Q4. (c), June ’11 / Paper-10] 2
Q20. FOB value of 1000 Kgs goods exported is Rs. 1,00,000. Rate of duty drawback on such export is
Rs. 30 per Kg. Market price of goods is Rs. 25,000 (in wholesale market).
Ascertain whether the exporter is entitled to duty drawback in the above case, and if yes, what
the quantum of such duty drawback is. [Ref : Q6. (c), June ’11 / Paper-10] 2
Q21. Warehouse goods can be transfered from one warehouse to another under the Customs Act,
1962. Do you agree? Discuss. [Ref : Q6. (e), June ’11 / Paper-10] 2
Q22. Discuss briefly the power of the appellate tribunal to order ‘rectification of mistake” under
Customs Act. [Ref : Q7. (a), June ’11 / Paper-10] 5
Q23. Assessable value of certain goods imported from USA is Rs. 5,00,000. The packet contains 5000
pieces with maximum retail price of Rs. 200 each. The goods are assessable under section 4A of
the Central Excise Act, 1944 after allowing an abatement of 40%. The excise duty rate is 10% ad
valorem. Calculate the amount of additional duty of customs under section 3(1) of the Customs
Tariff Act, 1975 assuming basic customs duty @ 10% ad valorem.
[Ref : Q8. (c), June ’11 / Paper-10] 5
SCANNER ! APPLIED INDIRECT TAXATION 13
SERVICE TAX
Q5. State with reasons, whether the following statements are true or false (Answers without reasoning
will not receive any credit) :
(a) Customs officer should pass an adjudication order in all situations where an
assessment is done more than the claim of importer/exporter.
[Ref : Q1. (b)(v), June ’10 / Paper-10] 2
Q6. Fill in the blanks :
(a) E-payment of service tax is mandatory where the service tax paid in the immediate
preceeding year is not less than Rs. .
[Ref : Q1. (a)(i), June ’10 / Paper-10] 1
(b) An out-door caterer is providing full and substantial meals. His invoice does not show
breakup between value of food and value of service. He is liable to pay service tax
on of the bill amount. [Ref : Q1. (a)(v), Dec. ’10 / Paper-10] 1
Q7. State with reasons, whether the following statements are true or false (Answers without reasoning
will not receive any credit) :
(a) A service provider is required to file return in form ST-4 on quarterly basis within 90
days of the service of order to the Central Sales Tax Authority.
(b) A sub-contractor is a taxable service provider. Do you agree? Discuss.
[Ref : Q1. (b)(c), Dec. ’10 / Paper-10] 2+2
14 SCANNER ! APPLIED INDIRECT TAXATION
Q9. State with reasons, whether the following statements are true or false. (Answers without reasoning
will not receive any credit) :
(a) A service provider can opt for centralised registration under service tax even if he does
not have any centralised billing system. [Ref : Q1. (b)(iv), June ’11 / Paper-10] 2
(b) Which committee recommended the introduction of Service Tax?
[Ref : Q1. (c)(iv), June ’11 / Paper-10] 1
Q1. Write notes on Appeals under service tax. [Ref : Q3. (b)(ii), Dec ’08 / Paper-10] 5
Q2. State the provisions relating to general exemption available to small service providers.
[Ref : Q4. (a), Dec ’08 / Paper-10] 7
Q3. State briefly the provisions for valuation of taxable services for charging Service Tax.
[Ref : Q4. (b), Dec ’08 / Paper-10] 8
Q5. Explain ‘Export of Services’ under service tax. What is the exemption available to exporter of
service from service tax? [Ref : Q5. (b), June ’09 / Paper-10] 8
Q6. ABC Co. Ltd. provided services valuing Rs. 8 lakhs during the financial year 2007-08. During
2008-09, it has provided taxable services valuing Rs. 10 lakhs and has received payments
towards payable services Rs. 8.5 lakhs. It has also received services in the nature of transport of
goods by road valuing Rs. 50,000, in respect of which it is the person liable to pay service tax.
Compute the service tax, if any, payable by ABC Co. Ltd. for the financial year 2008-09. It is
given that goods transport service is exempt to the extent of 75% of value thereof.
[Ref : Q8. (c), June ’09 / Paper-10] 5
Q7. Mr. Suresh Raina, who is rendering taxable services, wants to know what he should do, if he
discovers a mistake after 90 days from the date of filing service tax return, resulting in short/
excess payment of tax. Can he file a revised return? [Ref : Q7. (a), June ’10 / Paper-10] 4
Q8. Is there any obligation to file service tax return, even if no service tax is payable?
[Ref : Q7. (b), June ’10 / Paper-10] 3
Q9. Discuss briefly the provisions conferring general exemption to small service providers in the
context of levy of service tax. [Ref : Q7. (c), June ’10 / Paper-10] 8
SCANNER ! APPLIED INDIRECT TAXATION 15
Q8. Mrs. Bose is rendering taxable services, which were brought into the service tax net w.e.f.
1.5.2009. The following information are made available to you:
(Rupees)
(i) Amount received on 10.5.2009 for services provided in April, 2009 2,00,000
(ii) Advance received from one client on 10.5.2009 3,39,000
(iii) For balance services of Rs. 7,00,000 bill was raised on 12.3.20 10
and the amount due was received from the above client on 15.3.2010
(iv) Other taxable services billed and received during 1.5.2009 to 31.3.2010 4,00,000
(v) Value of free services rendered in October, 2009 1,50,000
Compute the value of taxable services and service tax payable for the year ended 31.3.2010.
[Ref : Q8. (c), June ’10 / Paper-10] 8
Q9. Mr. Suresh Raina, who is rendering taxable services, wants to know what he should do, if he
discovers a mistake after 90 days from the date of filing service tax return, resulting in short/
excess payment of tax. Can he file a revised return? [Ref : Q7. (a), June ’10 / Paper-10] 4
Q10. Is there any obligation to file service tax return, even if no service tax is payable?
[Ref : Q7. (b), June ’10 / Paper-10] 3
Q11. Discuss briefly the provisions conferring general exemption to small service providers in the
context of levy of service tax. [Ref : Q7. (c), June ’10 / Paper-10] 8
Q12. Mrs. Bose is rendering taxable services, which are were bought into the service tax net w.e.f.
1.5.2009. The following information are made a available to you :
(Rupees)
(i) Amount received on 10.5.2009 for services provided in April, 2009 2,00,000
(ii) Advance received from on client on 10.5.2009 3,39,000
(iii) For balance services of Rs. 7,00,000 bill was raised on 12.3.2010
and the amount due was received from the above client on 15.3.2010
(iv) Other taxable services billed and received during 1.5.2009 to 31.3.2010 4,00,000
(v) Value of free services rendered in October, 2009 1,50,000
Compute the value of taxable services and service tax payable for the year ended 31.3.2010.
[Ref : Q8. (c), June ’10 / Paper-10] 8
Q13. What are the sources of Service Tax Law? [Ref : Q3. (c), Dec. ’10 / Paper-10] 3
Q14. Calculate the net service tax payable under the provision of the rule 2A of the Service Tax
(Determination of value) Rules 2006 relating to determination of value of services in the execution
of a works contract from the following particulars :
(i) Gross amount for the works contract (excluding VAT) Rs. 1,00,000.
(ii) Value of goods and materials sold in the execution of works contract Rs. 70,000.
(iii) CENVAT crdit on (ii) above Rs. 1,000.
(iv) Service tax paid on input services Rs. 1,000.
16 SCANNER ! APPLIED INDIRECT TAXATION
(v) CENVAT credit on capital goods issued for works contract Rs. 1,000.
(vi) Service tax rate the relevant Assessment year is 10.30%. Make suitable assumptions and
provide explanations where required. [Ref : Q4. (b), Dec. ’10 / Paper-10] 3
Q15. What do you understand by advance ruling under Service Tax? State brifly the question on
which “Advance Ruling” can be sought? [Ref : Q5. (a), Dec. ’10 / Paper-10] 5
Q16. Write a brief note on categories of services for classifying a service as export of service.
[Ref : Q7. (d), Dec. ’10 / Paper-10] 2
Q17. Explain provisions in Cenvat Credit Rules in respect of ‘input service distributor’.
[Ref : Q3. (c), June ’11 / Paper-10] 4
Q18. Calculate the value of taxable service of Robin Transport Company engaged in the business of
transport of goods by road. Give reasons for taxability or exemption of each item. No freight is
received from any of the specified category of consignor/consignee. Suitable assumption may
be made wherever required. Robin does not avail cenvat credit.
Rs.
(i) Total freight charges received by Robin during the year 6,75,000
(ii) Freight charges received for transporting fruits 62,500
(iii) Freight collected for transporting small consignment for
persons who paid less than Rs. 750 for each consignment 37,500
(iv) Freight collected for transporting goods in small vehicles
for person who paid less than Rs. 1500 per trip 75,000
[Ref : Q8. (b), June ’11 / Paper-10] 5
SCANNER ! APPLIED INDIRECT TAXATION 17
Q9. Goods under CST includes all kinds of movable property. Comment.
[Ref : Q1. (c)(iii), Dec. ’10 / Paper-10] 2
Q10. VAT is termed as ‘Consumption based’ Tax. Explain.
[Ref : Q1. (c)(v), Dec. ’10 / Paper-10] 2
Q11. Fill in the blanks :
(a) Offences under CST are __________ but are bailable.
[Ref : Q1. (a)(iii), June ’11 / Paper-10] 2
Q12. State with reasons, whether the following statements are true or false (Answers without reasoning
will not receive any credit) :
(a) Under VAT system there will be compulsory assessment at the end of each year.
[Ref : Q1. (b)(v), June ’11 / Paper-10] 2
Q13. Define ‘appropriate state’ under the CST Act. [Ref : Q1. (c)(iii), June ’11 / Paper-10] 2
Q14. What are the three variants of VAT? [Ref : Q1. (c)(v), June ’11 / Paper-10] 1
Q4. Offences under C.S.T. are cognizable mention a few. [Ref : Q8. (b), Dec. ’08 / Paper-10] 3
Q5. Write short notes on Appeals to appellate authority under CST Act.
[Ref : Q3. (a), June ’09 / Paper-10] 5
Q6. A dealer effected following inter-state sales during the quarter July, 2008-September, 2008.
(a) Invoice No. 25 dated 5th July, 2008 : Rs. 1,12,400 (tax not shown separately), (b) Invoice
No. 26, dated 13th August, 2008 : Rs. 50,000 plus tax @ 4% i.e. Rs. 2,000, Total Rs. 52,000,
(c) Invoice No. 27 dated 18th September, 2008 : Rs. 20,000 plus tax @ 4% Rs. 800 i.e. Total Rs.
20,800, (d) Invoice No. 2B dated 27th September, 2008 : Rs. 31,200. Tax not shown separately.
Goods returned within 6 months were Rs. 8,400 (inclusive of taxes). Sales Tax rate is 4% if
goods are sold within the State.
SCANNER ! APPLIED INDIRECT TAXATION 19
What is the turnover and what is tax payable, if the buyers did not issue C Form?
[Ref : Q6. (a), June ’09 / Paper-10] 8
Q7. What is the impact of VAT on CST? [Ref : Q6. (b), June ’09 / Paper-10] 7
Q8. Distinguish ‘zero rated sale’ and ‘exempt sale’ with reference to VAT.
[Ref : Q3. (a), Dec ’08 / Paper-10] 5
Q9. Arun of Tamil Nadu sells his land along with the standing crops and trees for Rs. 20 lakhs to
David of Kerala. Central Sales Tax Officer wants to assess to tax the value of standing crops
and trees in the said land. Comment. [Ref : Q5. (a), June ’10 / Paper-10] 4
Q10. The following items relaing to inter-State sales have been recorded separately in the books of
account of
Nathan & Co., dealer in CST:
(Rs. in ‘000)
Sales as per bills (excluding CST) 1,420
Excise Duty 80
Labour charges for packing goods 18
Insurance charges incurred by Nathan & Co. for goods transported 20
(charged separately in invoices)
Freight charges incurred:
For moving goods from factory to depot 45
From depot to buyers (incidental to sale) 25
Design charges incurred for manufacturing goods as per buyer’s design 50
You are required to compute the taxable turnover of Nathan & Co. and the CST payable. Brief
treatment of each item should be given. [Ref : Q5. (b), June ’10 / Paper-10] 8
Q11. What is ‘Acquisition fraud’ in the context of VAT? [Ref : Q5. (c), June ’10 / Paper-10] 3
Q12. Write short note on :
Reverse charge in VAT and service tax. [Ref : Q6. (c), June ’10 / Paper-10] 3
Q13. State briefly whether sales tax will be levied on the following :
(i) Shares and Debentures
(ii) Sale of newspaper [Ref : Q5. (a), Dec. ’09 / Paper-10] 3+3
Q14. State how the VAT system operates. [Ref : Q6. (a), Dec. ’09 / Paper-10] 5
Q15. A dealer effected following intereste sales during the quarter January-March ’09.
Invoice No. 1 dt. 01.01.09 Rs. 1,02,000 inclusive of tax
Invoice No. 2 dt.31.01.09 Rs. 50,000 exclusive of tax CST Rs. 1,000 Total Rs. 51,000
Invoice No. 3 dt. 01.02.09 Rs. 40,800 inclusive of CST
Invoice No. 4 dt.15.02.09 Rs. 25,500 inclusive of CST
Invoice No. 5 dt. 01.03.09 Rs. 2,00,000 exclusive of tax
Following further information is given
All registered dealers gave form ‘C’ except purchase of goods of invoice No.5. 50% of goods
pertaining to invoice No. 1 are returned on 21.3.09. 10% of goods pertaining to invoice No. 2 is
rejected.
20 SCANNER ! APPLIED INDIRECT TAXATION
Q26. A dealer purchased 22,000 kgs. of inputs on which VAT paid @ 4% was Rs. 8,000. He
manufactured 20,000 kgs. of finished product from the inputs. 2,000 kgs. was the process loss.
The final product was sold at uniform price of Rs. 10 per kg. as follows:
Good sold within State 8,000 kgs. Finished product sold in inter-state sale against ‘e’ Form
5,000 kgs. Goods sent on stock Transfer to consignment agents outside the State 4,000 kgs.
Goods sold to Government departments outside the state 3,000 kgs. There was no opening or
closing stock of inputs, WIP or finished products. The state VAT rate on the finished product of
dealer is 12.5%. Calculate liability of VAT and CST. Find VAT credit available to dealer and tax
required to be paid in cash. [Ref : Q5. (c), Dec. ’10 / Paper-10] 8
Q27. Define ‘Works contract’ as per CST Act. Can Sales Tax is levied on activity of textile processing?
[Ref : Q6. (b), Dec. ’10 / Paper-10] 4
Q28. Write brief notes on : Subtraction method of VAT. [Ref : Q2. (a), June ’11 / Paper-10] 5
Q29. A trader supplies raw material of Rs. 1,150 to processor. Processor processes the raw material
and supplies finished product to the trader. The processor charges Rs. 450, which include
Rs. 350 as processing expenses and Rs. 100 as his (processor’s) profit. Transport cost for sending
the raw material to the factory of processor is Rs. 50. Transport charges for returning the
finished product to the trader from the premises of the processor is Rs. 60. The finished product
is sold by the trader at Rs. 2,100 from his premises. He charges V AT separately in his invoice
at applicable rates. The rate of duty is 16% plus education cess as applicable. What is the AV,
and what is total duty payable? [Ref : Q3. (a), June ’10 / Paper-10] 4
Q30. Explain use of C, F and H form under CST Act. [Ref : Q3. (b), June ’10 / Paper-10] 4
Q31. Transfer of property in goods without consideration is chargeable to CST. Do you agree? Discuss.
[Ref : Q4. (d), June ’10 / Paper-10] 2
Q32. W dispatches goods from Karnataka to Orison and raises invoice on X in Madhya Prodesh, W
charges 4% CST and pays the same in Karnataka. During movement of goods, X sells goods to
Y in West Bengal and Y ultimately sells goods to Z in Orison. Z takes delivery of goods and the
movement of goods comes to end. Sale from X to Y and Y to Z is by transfer of documents.
Explain the form to be issued so that the subsequent sales are exempt from central sales tax.
[Ref : Q5. (a), June ’10 / Paper-10] 5
Q33. State importance of tax invoices for VAT and requirements of the invoice.
[Ref : Q5. (b), June ’10 / Paper-10] 5
Q34. Mr. X, a manufacturer sells goods to Mr. B, a distributor for Rs. 2000 (Excluding of VAT). Mr. B
sells goods to Mr. K, a wholesale dealer for Rs. 2400. The wholesale dealer sells the goods to a
retailer for Rs. 3000, who ultimately sells to the consumers for Rs. 4000. Compute the tax
liability, input credit availed and tax payable by the manufacturer, distributor, wholesale dealer
and retailer under invoice method assuming VAT rate @ 12.5%.
[Ref : Q6. (a), June ’10 / Paper-10] 4
Q35. Define residential complex for purpose of service tax. [Ref : Q7. (b), June ’10 / Paper-10] 5
22 SCANNER ! APPLIED INDIRECT TAXATION
Q36. Electronic control corporation is dealer in an electronic product, chargeable to CST at 2%. For
they year ended 31-3-2010, the dealer has shown total turnover (including CST) at Rs. 19,38,000.
In the above, the deler has treated the following amounts thus :
(i) Dharmada collected from buyers, shown separately in invoice Rs. 15,000
(ii) Weighment charges incidental to sale Rs. 6,000
(iii) Central excise duty collected (including cess) Rs. 1,03,000
The dealer has recorded the following amount in separate folios in the ledger :
(i) Packing charges (these have been collected from buyer
through debit notes) Rs. 20,000
(ii) Cash discount allowed to buyer Rs. 9,000
(iii) Indemnity/guarantee charges collected from buyer to cover loss
during transit Rs. 6,000
(iv) Marine insurance premium for transporting goods to the premises
of buyer collected from buyers Rs. 18,500
Determine the total and taxable turnover under CST Act, 1956 for the financial year 2009-10.
You are required to show the treatment of each and every item distinctly.
[Ref : Q8. (a), June ’10 / Paper-10] 5
SCANNER ! APPLIED INDIRECT TAXATION 23
CENTRAL OF TAXATION
APPEALS
Q2. Bopara & Co., which has heavy indirect taxes outlay, wishes to know the situations in which
it can file a revision application with the Central Government. Please outline the various
situations. [Ref : Q2. (b), June ’10 / Paper-10] 8
Q3. Monetary limits of adjudicating authorities, Officers of Central Excise, Customs and Service
Tax. [Ref : Q6. (e), June ’10 / Paper-10] 3