Commercial Taxes Department Administrative Report 2017-18
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For Official Use Only COMMERCIAL TAXES DEPARTMENT ADMINISTRATIVE REPORT 2017-18 Statistics and Research Cell Department of Commercial Taxes Chennai-600 005 ANNUAL ADMINISTRATIVE REPORT 2017-18 COMMERCIAL TAXES DEPARTMENT GOVERNMENT OF TAMIL NADU PREFACE The Annual Administrative Report of the Commercial Taxes Department, Government of Tamil Nadu for the year 2017-18 contains two parts, viz., administrative functions of the Department elaborated in detail in the first part and vital statistical data in the second part. Tamil Nadu was the first province to usher in sales taxation by enacting the Madras General Sales Tax Act, 1939 even before independence. The State legislature enacted the Tamil Nadu General Sales Tax Act, 1959 which governed the field of indirect taxation for forty seven years, before the Tamil Nadu Value Added Tax Act, 2007 came into force from 1st January, 2007. The year 2017 marked a watershed in the indirect taxation in India with the introduction of new Goods and Services Tax with effect from 1st July 2017. The data in this booklet has been collected from the field level offices and the computer databases of this department. Particulars in respect of the Gross State Domestic Product and State's Own Tax Revenue were collected from Department of Economics and Statistics, Chennai and the Annual Financial Statement of Government of Tamil Nadu. All references to taxes in this publication refer to Commercial Taxes alone, unless specified otherwise. The contribution of this department to State's Own Tax Revenue is 78.71% and the cost efficiency of tax administration has improved over the years. The administrative cost of Commercial Tax collection has never crossed 1% of the total tax receipts in a year, and the administrative cost as a percentage of collection stands at 0.44% in the year 2017-18. I am sure that this publication will be useful for a wide variety of purposes-academic as well as policy. INDEX Part I Contents Page No. Prelude 1 Goods and Services Tax 1-3 GST Subsumed Taxes 3-4 Historical Background 4 Tamil Nadu General Sales Tax Act, 1959 4 Tamil Nadu Value Added Tax Act, 2006 5 Central Sales Tax Act, 1956 5 Vision 5 Mission 5 Strategy 6 Core Values 6-7 Expectations from dealer-fraternity 7 Quality of service 7 Re-organization of Chennai Divisions 7-8 Functional Re-organization 8 Total Solutions Project 9-10 The Commissionerate 10 Four Pillars of Department 10 Territorial Wing 11 Tax Contribution by Assessment Wing in 2017-18 11-12 Audit Wing 12-13 Appellate Wing 13-14 Enforcement Wing 14-15 Business & Intelligence Unit 15-16 Inter State Investigation Cell 16-17 Other Wings at Commissionerate 17 Public Relations Wing 17 Advance Ruling Committee 17 Revision Petition Wing 18 Taxation Cell 19 Service Tax Cell 19 Legal Wing 19-20 Memorandum of Understanding Cell 20 Information Technology Wing 20-21 Statistics & Research Cell 21 Commercial Taxes Staff Training Institute 21-22 Traders’ Welfare Board 22-24 Right to Information Act 24 Buildings Report 24-25 PART II Contents Table No. Page No. Selected Indicators 2017-18 29 Target and Achievement 2017-18 1 30 Receipts, Expenditure, Efficiency and Productivity of Commercial Taxes 2 30 Department - 2017-18 Share of Commercial Taxes Revenue to State's Own Tax Revenue 3 31 Trend in Gross State Domestic Product 4 31 Trend in State's Own Tax Revenue 5 32 Commercial Tax Revenue to Gross State Domestic Product and 6 32 State's Own Tax Revenue Tax Revenue Trend and Tax Buoyancy 7 33 Year-wise Refunds issued 8 34 Month - Wise Revenue Trend 9 35 Act - Wise Revenue 10 36 Act - Wise Revenue Collection - A comparison 11 37 Month wise VAT/GST subsumed & Non VAT Goods - Growth Rate 12 38 Monthwise Target and Achievement 2017-18 13 39 Registered Dealers, Monthly and Annual return filers 14 40 Actwise Contribution of Revenue to the State 2017-2018 15 41 Contribution of Non-VAT / Non-GST Revenue to the State 2017-2018 16 42 Month-wise Gross and Net Revenue along with details of Refunds 17 43 Distribution of GST Assesses by Turnover Slabs and Tax Slabs-2017-18 18 44 Details of Taxes collected through e-payment 19 45 Contents Table No. Page No. List of Banks authorised for e-payment collection of C.T. Department 20 46 Division-wise Number of CT Districts / Zones and Assessment Circles - 21 47 2017-18 Training by CT staff Training Institute 22 48 Check Posts Details 23 49-50 Territorial Jurisdiction 24 51-53 Territorial Divisions of Commercial Taxes Department (Hierarchy chart) 25 54 Territorial Divisions of Commercial Taxes Department 26 55 Jurisdiction of Enforcement Wings 27 56 Enforcement Wings of Commercial Taxes Department (Hierarchy chart) 28 57 Enforcement Wings of Commercial Taxes Department 29 58 Jurisdiction of Appeals 30 59-60 Hierarchy at State Headquarters (Flow Chart) 31 61 PART-I Prelude The revenue collection from the department historically stood in second or third position among the states in India. The efficient tax administration of this state has been an exemplar and the state has always recorded one of the highest tax-GSDP ratios. The State GSDP (AEP) in 2017-18 was Rs.14,45,227 crores and the Sales Tax to GSDP ratio is 5.11% in the year. Further, the State’s Own Tax Revenue to State GSDP ratio is 6.49% in the year 2017-18. The Government of Tamil Nadu is also in the forefront among the States of India in the implementation of welfare measures for its citizens which is reflected in the high quality of health, education and nutrition indicators among its population. In addition, sustained public investment in infrastructure has ensured growth in all the three economic sectors, viz., Agriculture, Industry and Services. The Commercial Taxes Department plays a key role in the mobilization of resources for these development and welfare programmes of the State Government, by contributing more than two-thirds of the State’s own Tax Revenue. The State’s own Tax Revenue in 201 7-18 was Rs. 93,796 crores and the Department contributed Rs. 73,825.76 crores, thus 78.71% of the State own Tax Revenue is contributed by the Department. The Department functions with the aim to widen the tax base and prevent any tax evasion without causing harassment to the dealer fraternity. Goods and Services Tax The year 2017-18 ushered in the implementation of the largest reform in the field of indirect taxation viz., Goods and Services Tax Act, 2017 across the country including Tamil Nadu with effect from 1 st July, 2017. The Goods and Services Tax has subsumed a large number of Central and State indirect taxes into a single tax, thereby preventing cascading effect and the consumers stand to benefit due to reduction in prices owing to rationalization of taxes, and the dealer fraternity stands to benefit due to the uninterrupted flow of input tax credit for setting off against tax liability. A major aim of Goods and Services Tax is to make Indian products competitive in the domestic and international markets and gives impetus to economic growth; and the abolition of all check posts across the country has facilitated a smooth movement of goods across the country, thereby paving way for a common national market. In the first year of implementation of Goods and Services Tax, the GST Council has resolved various issues relating to transitional provisions, rationalization of rates of tax on goods, services and job works in relation to various sectors, grant of extension of due dates for furnishing of certain statutory returns on the common portal, waiver of late fee payable, removal of technical 1 glitches in GST Network, and postponing the effective date for starting Tax Deduction at Source, Tax Collection at Source and Reverse Charge Mechanism. Based on the decisions taken by the GST Council, the GST Rules have been amended and various Notifications, Circulars, and Clarifications have also been issued. To give relief to small taxpayers, the GST Council has proposed to increase the aggregate turnover threshold under Composition Scheme to Rs.1.5 crore, which is now Rs.75 lakhs, by amending the GST Act. The GST Council has also constituted various Committees to look into the grievances of the stakeholders, including simplification of returns filing under the GST. All these ameliorative measures intended to stabilize and simplify the new taxation regime shall take a little more time to settle down for reaping the larger benefits as a whole. In order to ensure that businesses pass on the benefit of reduced tax incidence on goods or services or both to the consumers by way of a commensurate reduction in prices under the Goods and Services Tax regime, a State Level Screening Committee on Anti-profiteering for the State of Tamil Nadu has been constituted. Further, in order to enable taxpayers to seek a binding clarity on taxation, the Tamil Nadu Authority for Advance Ruling has also been constituted. In order to enable ease of doing business and also ease of tax compliance, the taxpayers who had to deal with both Central and State Tax laws and authorities have now been seamlessly integrated by way of cross- empowerment of Central and State Tax authorities, thereby lessening the compliance burden of taxpayers to a large extent. The massive exercise of division of taxpayers between the Central and the State tax administrations in the state has been completed. As far as tax rates are concerned, 155 goods and 97 types of services have been totally exempted; and around 300 goods have been placed in the lower tax rate of 5% under the GST.