Kidnapping tourists in mexico Essay Example | Topics and Well Written Essays - 1750 words

Kidnapping tourists in mexico - Essay Example The article also has an overview of some of the most dangerous countries for tourists to visit, such as North America/ Mexico, South America, Africa and Asia. Analysis – The article was quite useful and could be used for supplying a lot of information on the subject. Reflection – I found the article interesting and understood that the author has taken a lot of trouble gathering important information. 2. Iuri Tarabanov (2008) World’s Most Dangerous Countries for Tourists. Travel Web Directory. Summary This is a web article that reports on Travel news. The author Iuri Tarabanov sheds light on the world’s top 10 most dangerous countries for tourists. The data collected is from â€Å"iJet Intelligent Risk Systems† and the renowned magazine â€Å"Forbes† has contributed by composing the level or rating of the most dangerous countries for tourists. The agency took into account factors such as security services, terrorism, kidnapping, civil disorder s and other criminal and geopolitical stability factors while doing the rating. Some of the most dangerous countries in the world as noted by the author were Somali, Iraq, Afghanistan, Haiti, Pakistan, Sudan, The democratic Republic of Congo, Lebanon, Zimbabwe and Palestine. Analysis The article specifies the different types of dangers significant to each of the above countries and sheds light on the type of danger that is prevalent in these countries thereby creating an awareness on the dangers that tourists are exposed to if they visit them. Reflection The data that was given by the â€Å"iJet Intelligent Risk Systems and â€Å"Control Risks† agencies was not only enlightening but it also served to kindle awareness among the people of the different kinds of risks involved while visiting different countries. This type of article would surely be very useful in my study on dangerous countries for tourists. 3. The Washington Post Newspaper, Athens Travel Forecast. Good Deals f or Tourists who don’t mind occasional risks. Summary The Washington post news article sheds light on the tourism in Athens, Greece. It talks about the beautiful archipelago, beaches and buildings which is a welcome escape for tourists to relax and enjoy themselves. At same time, it warns tourists of impending dangers in the form of strikes and violent protests that suddenly erupt and causes major problems for tourists. The article in the Washington Post also discusses the best restaurants for food, but at the same time it creates awareness on the rising crime in the city and the drug trafficking that takes place there. Analysis The article in the Washington Post gives more details on the beauty spots, food and restaurants found in Athens Greece, but however shed some light on the dangers that the tourists may be exposed to. Though one cannot say that Greece is a highly dangerous country, yet the paper creates an awareness about what to expect if one visits the place. Reflecti on Though the Washington Post is a reliable newspaper, this particular article is not very relevant to my research study because it more describes the beauty and hotspots of Greece but has little on the dangers tourists might be exposed to. However, the article would be partially useful to include in my study. 4. John Keay (2010) The Mammoth Book of Travel in Dangerous Places,

Research Essay Paper Example | Topics and Well Written Essays - 1500 words

Essay - Research Paper Example Opium is a danger that is rottening the economical and social development of the country and also is destroying the future generation of the world. The Afghanistan was once notorious for its opium cultivation .However recently this business has weakened due to the international fight upon them by western power and destabilizing faced by the Taliban regime. It could be accounted that, the illiteracy and poverty in this nation are the main culprits which intimidate people to indulge in drug cultivation and trafficking. In the website Bryskine writes that :â€Å"According to the survey on drug use in Afghanistan by the UNODC, there are nearly 50,000 heroin users in the country as a whole, and an additional 150,000 who use opium†(Bryskine). Another disturbing fact is the wide use of drug prevalent among the people of opium trading communities. The young people as well as middle aged men are not educated, skilled and advanced to take up a normal job and they ignorantly remain engag ed in the ecstasy of the opium consumption Drugs effect on the people and society. It is seen that numerous amount of people including children and women are taking the escort of drugs to forget the pain and poverty they face in their daily life. In a news article writer Nelson states that: â€Å"United Nations survey begun this month is widely expected to show that at least 1 in 12 people in Afghanistan abuses drugs double the number in the last survey four years ago†(Nelson). The women, who are much suppressed in their social interaction, develop the habit of drug abusing inside the secrecy of mud compounded walls. The soaring number of drug use in Afghan region also aggravated violence and domestic atrocities among men and youngsters .They remain in the intoxication of opium, and refrain from attending schools or potential professions opportunities. They smoke opium which is cheap in their region and beg for money which is an easy method to sustain them. According to the w riter Kelly: â€Å"Conditions are ripe for drug use in Afghanistan: the country is swelled by the return of refugees from Pakistan and Iran, where opium use is endemic† (Kelly).The widespread abundance of the opium has alleviated the number of drug abusers all around the opium cultivating regions of Afghanistan. Seemingly, there are millions of drug addicts in Afghanistan and the government instead of taking care of this population is thriving on the business of opium. The number of drug addicts of the country is only increasing with nobody to educate this poor people about the ill effects of opium use. It is even observed that ,women even sell their babies in search of the drug which is a pathetic plight for humanity Force behind drug trafficking in Afghan Currently Afghanistan is the largest drug producing country in the world. In an article the writer Carpenter mentions that:â€Å" The 2010 Afghanistan opium survey, which United Nation have recently released have revealed that the country’s opium production have decline 48% over the past year†(Carpenter) The opium plants are grown in the lands of tribal war land lords and these landlords are the part of Afghan government .This opium cultivation has taken the place of cottage industry in

Special Tools of life Essay Example | Topics and Well Written Essays - 500 words

Special Tools of life - Essay Example ending with their functions that is some enzymes will break molecules completely while others will break them into parts allowing other enzymes to complete the breakdown. The ability of the living things to make their own tools that enable in the daily activities by the cell can be purely pegged on the programming aspect of the information contained in the D.N.A which controls what is to be in the cell at a given period of time and performing a specific function (Lightner, 2004). The bacteria on the other hand contain enzymes that can perform specific duties with time and though they miss others they gain them in the process of mutation and the interaction of other enzymes with the molecules and the cell. It should also be noted that cell mutation affects the activities of enzymes by changing their shapes and their effectiveness in performing their specific roles; affecting the breakdown procedure /stages of some molecules and allowing accumulation of unwanted enzymes in the cell. Bacterium mutations come with different strains that can survive in various environments within the cell which with adaptation and time they develop special features, which can be treated as tools, to enable them perform their roles effectively in the new environment. Evolution theorists try to explain this as a change in the genetic information but in most case these changes impacts on destroying the important components of the cell such as the repressor gene, allowing the uncontrolled supply of enzymes. The picky and selective trait by the cell on what is let in allows the optimality of enzymes functioning within the call such that the repressor gene controls the production of a certain enzyme if the complement enzyme is available and vice versa, in a switch on/off mode. Evolution theorists highlight the process of cell mutation ignoring the specific actions and interactions of the bacteria calls and the enzymes produced to breakdown the substrate molecules; a phenomenon that

Kodak Essay Example for Free

Kodak Essay The purpose of this report is to perform an extensive analysis of the Eastman Kodak digital photography brand, and ultimately, to provide a sound marketing strategy to their board based on our findings. We do so by examining both a macro view of the digital camera industry as well as analyzing the brand’s history, positioning, success factors, and current challenges. We discovered that Eastman Kodak, while once the unquestionable leader in the film industry, failed to adapt to changing technological market trends and was left behind the digital revolution. Kodak’s unsuccessful response to a major technological discontinuity has resulted in a profound loss of market share and profitability. We have developed a market plan for the dire state Kodak currently finds itself in, one that will attempt to reinvigorate Kodak’s brand as a premium name in digital photography by returning to its traditional values and competencies. While the company currently operates through three distinct segments: Digital Film Imaging, Health Group, and Graphic Communications, we have narrowed our scope to focus primarily on the digital film segment as we felt that this area has the most potential for improvement in the near future. The Digital Film Industry Origins of the Market The evolution of the digital camera market mirrors the evolution of the technology and innovations surrounding photography itself. Throughout the nineteenth century the motivations behind innovations and discoveries in photography surrounded the speed and affordability of creating an exposure. Some of the earliest photographs took up to eight hours of exposure to complete, and were often contained on flimsy and expensive materials, that did not lend themselves to being easily shared. It is evident that the desire to quickly create and share still images existed more than a century before modern digital cameras were ever created. Early attempts at digitizing images for storage remained largely in the video imaging segment, and very little focus was put on the technology for still images. The progress that was made was characterized by poor picture quality and very difficult storage procedures. As a result, professional photographers and hobbyists clung to the old processes of developing film well into the 1990’s. In reality it was the increasingly competitive nature of the news media, particularly in the newspaper industry that led to some of the more workable innovations in digital still imaging technology. It was seen as a competitive advantage for a media outlet to take, store, and send images through digital transmission, rather than wait for a slow development process before a picture could even be viewed. It is no coincidence that the first commercially available digital cameras were incredibly expensive and used almost exclusively by photo journalists. As was the case with the market, for still cameras relying on 35mm film for picture development, it was technological breakthroughs that spurred the growth of the digital camera market. With the development of JPEG file formats in the late 1980’s digital images could be taken and stored on the same device using battery power. Although there are many competitive claims as to who entered the market first, Kodak was arguably the first entrant in 1991 with the DCS-100. The Growth of Digital Photography The transformation from conventional to digital photography was a total shift of technology that not only completely changed the way companies of this industry operate, but also the products and services they offered. Advancement in the information and communication technologies also significantly contributed in shaping digital photography, as well as the digital camera itself. Computers were being used to store and edit photographs, while internet offered an easy way to share and distribute multiple copies of the image to different people at the same time. Furthermore, the concept of a photograph being original was eliminated as duplicate, unidentifiable copies of the image were possible. The key growth stages of the digital photography can be summarized as follows. Steven Sasson (of Kodak) invented the digital camera in 1985 in Kodak research laboratories. The low operating cost, easy storage and distribution were the major attractive features of this new product. Instead of using film like traditional analog cameras they were able to store the image on internal storage or on rewritable memory cards. In 1986, many electronic cameras were released by different manufacturers, e.g., Canon released first still video electronic camera, Kodak: 1.4 million pixel CCD, Nikon: SVC, electronic camera with a 2/3-inch CCD of 300 000 pixels, Sony: Mavica A7AF still video camera, (CCD) of 380,000 pixels which records images onto a 2-inch floppy disks. The world’s first fully digital consumer digital camera was released by Fuji, with the feature that images could be digitally recorded on a removable memory cards. Since then the improvement in camera manufacturing has continued over the years, as new players joined the race with the discovery of new dimensions of digital technology and its applications, and the need for new accessories. Hewlett-Pakard’s ink jet printers became consumer items. Sanyo, Samsung, Olympus also released new digital cameras, and Toshiba manufactured memory cards. Joint Photographic Experts Group (JPEG) created compression file format to easily transfer digital image electronically. The products were further improved with the better understanding of digital technology as continued research and costs were considerably reduced in 1998, leading to exponential rise in sales of digital cameras over the next years. (See Exhibit 1 to see how digital camera sales have skyrocketed since the turn of the century). New professions emerged covering various available features of the digital cameras, and cameras were developed for the specific segments and niches, such as amateur photography, advertizing photography, editorial photography, documentary photography and scientific photography. Digital photography is still far from maturity, as products are continuously introduced or improved though constant innovation. The need to develop specifications (sizes, dimensional tolerance for imaging media, and formats for all major users) and written standards for digital imaging are realized, developed by American National Standards Institute and International Standards Organization. Ultimately, the arrival of digital photography, combined with the ever-improving capabilities of computers to store and display photographs, and the Internet to share them helped revolutionize the major customer processes associated with photography. Photographs could now be taken by consumers at virtually no cost, who could then choose to save or delete their photos with the push of a button, and decide to print them on a PC printer or via email. It is clear then that the industry is almost completely driven by both social and technological change. Competitors Overall, the digital film industry is a highly competitive one. An analysis of the forces that determine the long-run profit attractiveness of this particular segment would reveal that the industry has: high threat of segment rivalry (existence of several large competing companies); high threat of new entrants (abundance of digital photography technology on mobile devices); extremely high threat of substitute devices (countless ways to put an image into digital format); high threat of buyer power (low differentiation level of most digital cameras); and finally, high threat of supplier power (cost of switching suppliers for a large digital camera company would be astronomical). Kodak manufactures and distributes a large number of different products, primarily focused around photography. The sale of each line of products comes with its own competitors. However, for the purposes of this report, the focus of the competitor analysis will be on cameras, both digital and non digital varieties. The camera industry had worldwide sales of $35.5 billion in 2010. Given the large value of this industry, it is important to know what share of the market Kodak’s competitors’ control. A look at the market for digital SLR cameras, disposable cameras and film follows. The world market for digital SLR cameras is dominated by Canon and Nikon, who held world market shares of 37% and 33% respectively in 2010. The remaining 30% market share is held primarily by Sony and Olympus/Panasonic. Sony sold 12% of the world’s digital SLR cameras in 2010, and Olympus/Panasonic had 11% of the market in that same period. Kodak was only one of the several competitors who comprise the remaining 7% of worldwide digital SLR camera sales. Low cost digital SLR cameras have come on to the market and are competing in the same space as digital compact cameras. A look at Kodak’s website showed only one brand of digital SLR camera is being offered by Kodak. Since Kodak is primarily competing in the digital camera space through compact cameras, the shift in digital SLR cameras to a lower price point does not bode well for Kodak since it increases competition. Disposable camera sales in 2009 were comprised primarily of cameras under the Kodak and Fuji brands. Kodak enjoyed a 52.9% market share in this period, while Fuji held 18.1% of the world market. The majority of the remaining 29% of the worldwide market of disposable cameras came from private label brands, who sold 28.4% of disposable cameras worldwide. Disposable cameras like any other cameras come in two varieties, analogue and digital. The market for analogue cameras has been decreasing over the years. For instance, the sales of analogue cameras decreased from US$1,335.5 million in the United States in 2004 to only US$9.5 million in 2009. This is a decrease in sales of over 99% in only 6 years. Although Kodak has kept a leading position in the analogue market, the dissolution of the market for analogue cameras limits the value of Kodak’s leading position in this segment. Kodak has also kept a leading position in the sale of camera film. However, this market segment has seen a similar fall in sales as the decrease in the disposable camera market. In this segment, Fuji is once again Kodak’s largest competitor. Kodak’s tagline â€Å"Kodak Moments† helps it maintain its leadership position in film, but the sharp decline in the sale of film and a strong competitor in Fuji once again limits the value of this leading position. The market for cameras has seen a rise in the competitiveness of one particular alternative product that may limit the growth potential of the camera industry in the future. Mobile phones with cameras built in now form the main substitute to cameras. Since these devices have many features such as video, audio, and internet browsing, and are relatively inexpensive, they represent a real threat to the camera industry. 80% of the world demand for the imaging devices and optical modules that comprise the cameras in mo bile phones is handled by Panasonic, Sony, Sharp and Konica Minolta. Kodak does not compete in this market. Other substitutes that Kodak will need to compete with are counterfeit items. Not only are these items likely to be sold at lower prices, they are also generally inferior in quality and could harm the brand of the companies whose products are being counterfeit. From this analysis of the current competitive landscape, we can see that Kodak’s most important competitors in digital cameras are Canon, Nikon, Sony, Panasonic and Fuji. (See Exhibit 2 for a look at Kodak compared to its traditional competitor, Fuji). Customers The digital film industry targets a large number of consumers spanning different segments and demographics. The following will illustrate who these main consumers are and which kinds of individuals digital photography appeals to. Segments Digital photography is targeted to two major segments; professional and non-professional consumers. As expected, the needs of these two target segments are quite different, and organizations in the digital camera industry market their product to appeal to these distinct expectations and needs. Digital camera companies, therefore, market their product to these diverse groups and consequently identify further submarkets and niche markets. Demographics In the world of photography demographic segmentation plays very vital role in marketing the product. In this method of segmentation, demographics is important because customers’ wants, desires, preferences, and usages are strongly associated with demographic variables. Interest in photography generally starts at early age, usually early teenagers. Consumers are not especially conscious about the brand but want to fulfill their purpose. However, this is the phase where a perception of the brand starts taking position in the minds and get stronger and stronger with the time. After this phase consumers of age 20 to 50 are divided into different groups. Some people adopt photography as profession, some use it for their extensive tourism habits, and finally some take it as fun and leisure activity and some use it as their need. This use depends on their nature, living style and job requirement. Professionals, who adopt photography as occupation or as their hobby, are always more conscious about the quality and success results. They don’t want to see that there is no photo in their camera after any event coverage or after returning from an adventure. They need more reliable equipment with guarantee of better results because this is their earning source. If someone is pursuing photography just for fun and don’t have passions for the hobby then they will typically not pay as close attention to the bells and whistles of the product. In terms of gender, photography appeals to both men and women alike. Marketing does not generally target men or women, although recent manufacturing of point and shoot cameras includes the product in a variety of colours for the consumer to choose from. Lastly, demographics in the digital film industry relies on the consumer’s income. The major manufacturers of digital cameras have realized this, and typically offer product ranging from budget quality, to expensive professional equipment. Psychographics Psychology is also a strong variable to understand consumers. People are different based on their personality traits, psychology, life style and values. Psychographic profile could be completely different within same demographic group of consumers. For example, two individuals of same age group have same range of income like photography as a fun but they have different psychology. One is more caring about quality with regard to details captured in the pictures and the other more focus on the originality of the colours of the pictures. For this reason, camera manufacturers have produced cameras with a plethora of adjustable features, which can be modified to suit the user’s preferences. Important Trends The broad industry of photo imaging and cameras has gone through some profound changes over the past several decades. As expected, technological advancements over the past century are the prime drivers of the various trends this industry has witnessed. Perhaps the greatest transformation this industry has seen has been the relatively recent rise of the digital camera phenomenon. Although the prototype for the digital film industry began with the development of Sony’s analog-type â€Å"Mavica† electronic camera, this product did not gain immediate acceptance in the marketplace due to its high price and the lack of suitable peripherals (i.e personal computers). The larger trend towards digital cameras then was truly popularized in the late 1990s and early 2000s with digital â€Å"point and shoot† cameras, of which Kodak participated in at a much later stage than its competitors. With the release of these user friendly devices, digital camera sales increased by 75% per year by 1997 where film cameras increased by 3%. At first, the absence of an LCD screen for formatting, shooting, and reviewing purposes proved to be a hindrance to the popularization of digital cameras. Once the LCD screen was introduced, the trend was ignited. Photos could now be viewed immediately, and kept or discarded as the consumer desired. Today, most major camera manufacturers have made the exodus from film to digital. Canon as well as Nikon surprised the world when they agreed to stop production of most film cameras, setting another trend that has continued to this day. Another major shift in the world of digital photography was the gradual emergence of cameras on mobile phones. As technology improved, so did the quality of cameras included with virtually every mobile device. As expected, this had an impact on the sale of cheap digital cameras, as the phenomenon was now available to anyone who had a mobile device. This trend continues to this day, with both iphones and Blackberries including high quality cameras with their mobile devices. Currently, there has been a revival of DSLR cameras, with Canon and Nikon holding the majority of market share. Although it is difficult to predict future trends in the camera industry, many market researchers, trend watchers, and technology prognosticators agree that digital is here to stay. Easy access to necessary peripherals such as personal computers and even printers has garnered quick acceptance of the digital camera by consumers. The move to digital will remain; however, the relative maturation of the Japanese, North American and European digital camera markets may result in repeat buyers, as well as marketing cameras to for late adopters. This could all culminate in lower profit margins for some of the worlds leading camera manufacturers.

Effect of Laws on Crime Prevention

Effect of Laws on Crime Prevention Can laws help to stop crimes? Introduction Crime is when an individual violates the law of a country he/she is living in. However, this does not necessarily mean that crime is always wrong. The law also prevents people from doing things that harm other people, such as murdering, and stealing, and smuggling, and raping, and the list goes on and on. Police in many countries can’t take action against people until they find a witness for the crime so at this moment people doing crime come in and take advantage of it. But some laws are wrong too. It seems like the person who controls the law will be like God on earth. Through law, he is given the power to punish. And if the person controlling law were to be lets say, corrupted and self-interested? Laws passed would be unjust and only serve the purpose of that person. This would be very unfair. But because it is law, you have to follow it, or suffer. So as said by Mohandas Karamchand Gandhi An unjust law is itself a species of violence. Arrest for its breach is more so. Global Crimes against humanity are particularly revolting offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings. They not isolated or sporadic events but could be caused by government laws and rules, or wide practice of atrocities which is illegal in the books of law by the government. Extermination, torture, rape, religious persecution, Murder, racial, political and other inhumane acts reach the doorstep of crimes against humanity only if they are part of an organized or extensive practice. Crimes can be the done at many different ways For example: A crime against peace, in international law, refers to planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. International crime law is a branch dealing with all the inter country crime. The term is commonly used in the law enforcement and academic communities. The word transnational describes crimes that are not only international but crimes that by their nature involve international crimes. Transnational crimes are crime done in one country but their effects affect other countries and transit countries may also be involved. Examples of transnational crimes include: Human trafficking, people smuggling, smuggling/trafficking of goods (such as arms trafficking and drug trafficking and illegal animal and plant products and other goods prohibited on environmental grounds (e.g. banned ozone depleting substances), sex slavery, terrorism offences and torture.Classical international law governs the relationships, rights, and responsibilities of states. International criminal law comprises elements of both in that its consequences are penal sanctions imposed on individuals although its sources are those of international law. The Rome Statute of the International Criminal Court helps to deal with these international crimes. The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the accord that established the International Criminal Court (ICC). The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. National Crime in India exists in various forms taking note of prostitution , poaching, gunrunning, extortion, human trafficking, drug trafficking, murder for hire, money laundering and fraud. Many criminal operations engage in black marketeering, political violence, religiously motivated violence, terrorism, and abduction. Other crimes are homicide, robbery, assault etc. Property crimes include burglary, theft, motor vehicle theft, and arson. Corruption is a significant problem. One of the examples are:- In late December, 2012, international attention was called to a case of a 23-year-old Indian woman (Also called as NIRBHAYA case/ AMANAT case) was assaulted and gang raped on a bus (incident took place on 16 December, 2012), resulting in death eventually after a few days of critical situation. Mass protests stemming from the case called into question the cultural violence towards women and the failure of the government to help people and solve their problems. The problem was compounded by po liticians making sexist and misogynistic comments. Looking at the increase in rapes the government had passed a law stated that a women can harm a man’s private parts if the man tries to rape a girl. A report stated that after an increase in rapes slowly after the law was passed the rapes decreased by a significant amount. In 1961, the Indian government passed the Dowry Prohibition Act which means that asking dowry from the girl’s side by the boy’s side was made illegal and also stated strict steps would be taken if not followed the law. However, many cases of dowry-related domestic violence, suicides and murders have been reported. In the 1980s, numerous such cases were reported. However, recent reports show that the number of these crimes has reduced drastically. Child marriage has been traditionally prevalent in India and continues to this day which means a child is married before it reaches an age of 20. Young girls live with their parents until they reach p uberty. In the past, the child widows were condemned to a life of great agony, shaving heads, living in isolation, and shunned by the society. Although child marriage was outlawed in 1860, it is still a common practice. It is prevalent within every section and every level of the society. Corruption has taken the role of a pervasive aspect of Indian politics. In India, corruption takes the form of bribes, evasion of tax and exchange controls, embezzlement, etc. G.P. Joshi, the programmed coordinator of the Indian branch of the Commonwealth Human Rights Initiative in New Delhi comments that the main issue at hand concerning police violence is a lack of accountability of the police. In 2006, the Supreme Court of India in a judgment in the .In 2006, seven policemen were charge sheeted and eleven were convicted for custodial misconduct. Jan Local Bill is being planned to reduce the corruption. Currently many government parties are working to reduce corruption and it is showing results. B ribing is the most famous form of corruption. For example if a driver is caught violating the rules the police has to make an entry in the books and fine the driver. But in India the driver bribes the police cop and the cop doesn’t make any entry of the crime, rather takes the money for his own use. Local There might be a too many crimes in the metropolis, but when compared to 52 other cities across the country, Mumbai, with its huge population, seems to fare much better than other places in maintaining law and order, reveals a data by National Crime Records Bureau.For the first time, the NCRB has analyzed crime data in 53 major cities in the country. Given its huge population, the rate of crime is, no doubt, high in Mumbai, but when we compared the situation with 52 other cities, we feel it is much better here, a senior home department official stated. As Mumbai has grown exponentially in the last several years, so has the rate of crime. Mumbai’s crime level is medium to high for a city with more than 20 million people. Based on available Mumbai Police statistics, the crime rate continues to be an ongoing problem for the tremendously short-staffed city police. Mumbai law enforcement has 33,000 officers (165 officers for every 100,000 citizens) to police its rapidly growing cit y, which is 20 % less than what they are authorized. An international standard, the recommended police strength per 100,000 persons, is 222 officers. Crime has affected expatriates with reports of burglary, stolen bags and passports, and valuables being fairly common; however, most of these crimes occur in a non-confrontational manner, usually through stealth or forgetfulness of the victim.While street crime such as pick-pocketing and robbery/assault is not uncommon, areas frequented by foreigners are less vulnerable due to a generally adequate police presence.Violent crimes do occur in Mumbai, but for the most part, are isolated in more high density areas such as slums and crowded apartment blocks. The police in Mumbai are showing great performance and intelligence to control crime as stated in a local newspaper. There are many incidents seen where a group of people loot a girl and kill them and the evidence for it is the TV show â€Å"Crime Patrol†, it I based on real incid ents in India. Laws can just help to reduce crimes but not stop it completely Bibliography http://en.wikipedia.org/wiki/Crime_against_peace http://en.wikipedia.org/wiki/Crime_against_humanity http://en.wikipedia.org/wiki/International_crime http://en.wikipedia.org/wiki/Crime_against_international_law http://en.wikipedia.org/wiki/Rome_Statute_of_the_International_Criminal_Court http://en.wikipedia.org/wiki/Crime_in_India http://en.wikipedia.org/wiki/Transnational_crime http://www.csj.gob.sv/Comunicaciones/quehacer/English/Images/Quehacer_60/teoria_3.jpg http://govcentral.monster.com/nfs/govcentral/attachment_images/0004/0369/crimjust_crop380w.jpg?1224716277 http://blog.myphillylawyer.com/wp-content/uploads/2010/05/May-28-driving-tests-iStock_000009697473XSmall.jpg

Possibilities in Ralph Waldo Ellisons Invisible Man :: Ralph Waldo Ellison Invisible Man Essays

Possibilities in Ralph Waldo Ellison's Invisible Man In the 1900’s opportunities for black people were very limited compared to the 21st century, where jobs are in abundance and more people seek-out for those opportunities. According to Webster’s New World Dictionary, edited by Neufeldt and Sparks, an opportunity is, â€Å"A combination of circumstances favorable for the purpose; a good chance as to advance oneself† (413). It is not what opportunity is made available unto oneself but what decision is made to advance oneself to a higher level in life. In Invisible Man, Ralph Waldo Ellison on the belief of a land of infinite possibilities/opportunities composed this novel; his first novel. Ellison believed that a wise and opportune person can turn a pile of rocks into a bag of rocks; basically saying that one may take what they have available unto them, and create better opportunities, for themselves and other generations to come. Invisible Man is about finding oneself and in that nature of discovery, running with one’s destiny, and making any possibility into infinite possibilities, turning the smallest of opportunities into the biggest of opportunities. Invisible Man is about finding possibilities where possibilities seem impossible. Ralph Waldo Ellison was born on March 1st in 1914 in Oklahoma City, Oklahoma. Ellison gained international fame from his first novel Invisible Man, which was inspired from his belief in the myth of the frontier, where he viewed the United States as the land of infinite possibilities and opportunities. The close-knit black community in which Ellison grew up in supplied him with images of courage and endurance. While growing up many of times one may find themselves searching for their purpose in life through the different activities that one may join and often times quit in search of something of better interest, something that he/she may feel fits their personality/character in a better manner. Darnell Tingle once said, â€Å"Character is what you know you are, not what others think you have†. While Ellison was surrounded by the faces of unfamiliarity he also felt lost, however invisible at the same time, wondering ‘What am I doing here†¦ is this place really for me†¦ do I want this?’ Ellison tried to find himself while asking others around him questions only he could answer.

Marx, Weber, Durkheim, and Simmel: The Relationship between Society and

Marx, Weber, Durkheim, and Simmel: The Relationship between Society and the Individual Each of the four classical theorists Marx, Weber, Durkheim, and Simmel had different theories of the relationship between society and the individual. It is the objective of this paper to critically evaluate the sociological approaches of each theory to come to a better understanding of how each theorist perceived such a relationship and what it means for the nature of social reality.   Ã‚  Ã‚  Ã‚  Ã‚  Karl Marx noted that society was highly stratified in that most of the individuals in society, those who worked the hardest, were also the ones who received the least from the benefits of their labor. In reaction to this observation, Karl Marx wrote The Communist Manifesto where he described a new society, a more perfect society, a communist society. Marx envisioned a society, in which all property is held in common, that is a society in which one individual did not receive more than another, but in which all individuals shared in the benefits of collective labor (Marx #11, p. 262). In order to accomplish such a task Marx needed to find a relationship between the individual and society that accounted for social change. For Marx such relationship was from the historical mode of production, through the exploits of wage labor, and thus the individual’s relationship to the mode of production (Marx #11, p. 256).   Ã‚  Ã‚  Ã‚  Ã‚  In the Communist Manifesto it is very clear that Marx is concerned with the organization of society. He sees that the majority individuals in society, the proletariat, live in sub-standard living conditions while the minority of society, the bourgeoisie, have all that life has to offer. However, his most acute observation was that the bourgeoisie control the means of production that separate the two classes (Marx #11 p. 250). Marx notes that this is not just a recent development rather a historical process between the two classes and the individuals that compose it. â€Å"It [the bourgeois] has but established new classes, new conditions of oppression, and new forms of struggle in place of the old ones. Our epoch, the epoch of the bourgeoisie, possesses, however, this distinctive feature: it has simplified the class antagonisms. Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly facing each other: Bourge oisie ... ...lay in societal change. However it was only until the works of Durkheim and Simmel that the role of individual interaction and society is brought to the forefront. Durkheim largely viewed the individual as needing society as a mechanism of constraint to the aspirations of an eternal goal. Finally, Simmel was able to expand on Durkheim’s dualism by noting that society could be viewed as more than a mechanism of constraint rather as an accumulation of individual interaction. Either through a combination or as individuals each theorist distinct view of the relationship between the individual and society demonstrates a new understanding towards the nature of social reality. Works Cited   Bender, Frederic L. Karl Marx:  The Communist Manifesto. New York: W.W. Norton & Company. ed. 1988. Durkheim, E. Suicide: a Study in Sociology. Translated by J.A. Spaulding and G. Gibson (London: Routledge & Kegan Paul, 1952). Simmel, Georg. "The Stranger." from Kurt Wolff (Trans.) The Sociology of Georg Simmel. New York: Free Press, 1950. Weber M. (1971) 'The social  causes of the decline of ancient  civilization', translated in J. E. T. Eldridge,  Max Weber, London. Weber, M. (1976)  

Project Report on Mvat

CONTENT Sr. No. Topics Covered Page No. 1 Section – I Introduction to Value Added Tax. 1 – 12 2 Section – II Value Added Tax in Maharashtra. 13 A. Introduction. B. Registration under Value Added Tax. C. Explaining Value Added Tax. D. Calculating Tax Liability. E. Filing of Return and Paying Tax. F. Records and Accounts. G. Business Audit. H. Appeals. I. Tax Payer Service. J. Recovery, Offences and Penalties. 14 – 16 17 – 21 22 – 27 28 – 36 37 – 44 45 – 48 49 – 51 52 – 56 57 – 61 62 – 66 3 Section – III Appendix. 67 – 69 4 Section – IV Conclusion. 70 5 Section – V Bibliography. 71 WHAT IS Value Added Tax? Value Added Tax is a broad-based commodity tax that is levied at multiple stages of production. The concept is akin to excise duty paid by the manufacturer who, in turn, claims a credit on input taxes paid. Excise duty is on manufacture, while VAT is on sale and both work in the same manner, according to the white paper on VAT released by finance minister Chidambaram. The document was drawn up after all states, barring UP, were prepared to implement VAT from April. It is usually intended to be a tax on consumption, hence the provision of a mechanism enabling producers to offset the tax they have paid on their inputs against that charged on their sales of goods and services. Under VAT revenue is collected throughout the production process without distorting any production decisions. WHY VAT IS PREFERRED OVER SALES TAX? While theoretically the amount of revenue collected through VAT is equivalent to sales tax collections at a similar rate, in practice VAT is likely to generate more revenue for government than sales tax since it is administered on various stages on the production – distribution chain. With sales tax, if final sales are not covered by the tax system e. g. due to difficulty of covering all the retailers, particular commodities may not yield any tax. However, with VAT some revenue would have been collected through taxation of earlier transactions, even if final retailers evade the tax net. There is also in-built pressure for compliance and auditing under VAT since it will be in the interest of all who pay taxes to ensure that their eligibility for tax credits can be demonstrated. VAT is also a fairer tax than sales tax as it minimizes or eliminates the problem of tax cascading, which often occurs with sales tax. These are facilitated by the fact that VAT operates through a credit system so that tax is only applied on value added at each stage in the production – distribution chain. At each intermediate stage credit will be given for taxes paid on purchases to set against taxes due on sales. Only at consumption stage where there are no further transactions will there be no tax credits. Lack of input credit facility in sales tax often results in tax on inputs becoming a cost to businesses which are often passed on to consumers. Sales tax is often applied again to the sales tax element of the cost, thus there is a problem of tax on tax. This is not the case with VAT, which makes it a neutral tax as it provides the least disturbance to patterns of production and the generation and use of income. In addition, the audit trail that exists under the VAT system makes it a more effective tax in administration terms than sales tax as it helps with the verification of VAT amounts declared as due. This is made possible by the fact that one person's output is another's input. As with sales tax imports are treated the same way as local goods while exports are zero- rated to avoid anti-export bias. Notwithstanding the advantages mentioned above, it is worth noting that VAT is a considerably complex tax to administer compared with sales tax. It may be difficult to apply to small companies due to difficulties of record keeping and its coverage in agriculture and the services sector may be limited. To cover the high administration costs, VAT rates of 10-20 per cent are generally recommended. The equity impact of the relatively high rates have been a cause for concern as it is possible that the poor spend relatively high proportions of their incomes on goods subject to VAT. Thus the concept of zero VAT rate on some items has been introduced. Difference between VAT and CST Under the CST Act, the tax is collected at one stage of purchase or sale of goods. Therefore, the burden of the full tax bond is borne by only one dealer, either the first or the last dealer. However, under the VAT system, the tax burden would be shared by all the dealers from first to last. Then, such tax would be passed upon the final consumers. Under the CST Act, the tax is levied at a single point. Under the VAT system, the retailers are not subject to tax except for the retail tax. Under the CST Act, general and specific exemptions are granted on certain goods while VAT does not permit such exemptions. Under the CST law, concessional rates are provided on certain taxes. The VAT regime will do away with such concessions as it would provide the full credit on the tax that has been paid earlier. Under VAT law, first, the dealer pays tax on the sale or purchase of goods. The subsequent dealer pays tax on the portion of the value added upon such goods. Thus, the tax burden is shared equally by the last dealer. To illustrate the whole procedure of VAT, an example is as follows: At the first point of sale, the value of goods is Rs. 100. The tax on this is 12. 5%. Therefore, the net VAT would be 12. 5%. At the second change of sale, the sale value is Rs. 120 and the tax thereon is 15%. The tax that is to be paid at every point is 15%. The input tax is 15%. The dealer will get a credit for first change in sale of 2. 5%– i. e. 15% -12. 5%. Therefore, 2. 5% will be the net rate. At the third change of sale, the sale value is Rs. 150 and the tax on this is 18. 75%. At the last stage, the tax paid is 18. 75%. The Input Tax is 18. 75%. Dealer's get a credit for second change in sale? i. e. 18. 75% -15% = 3. 75%. Therefore, 3. 75% would be the net VAT. This means that VAT is paid in the last point tax under the sale tax regime. Who gains? State and Central governments gain in terms of revenue. VAT has in-built incentives for tax compliance – only by collecting taxes and remitting them to the government can a seller claim the offset that is due to him on his purchases. Everyone has an incentive to buy only from registered dealers – purchases from others will not provide the benefit of credit for the taxes paid at the time of purchase. This transparency and in-built incentive for compliance would increase revenues. Industry and trade gain from transparency and reduced need to interact with the tax personnel. For those who have been complying with taxes, VAT would be a boon that reduces the cost of the product to the consumer and boosts competitiveness. VAT would be major blow for tax evaders, both manufacturers who evade excise duty payments and traders who evade sales-tax. What'll be the tax burden? The overall tax burden will be rationalized as it'll be shared by all dealers, and prices, in general, will fall. Moreover, VAT will replace the existing system of inspection by a system of built-in self-assessment by traders and manufacturers. The tax structure will become simple and more transparent and tax compliance will improve significantly. It will also be simpler and offer easy computation and easy compliance. VAT will prevent cascading effect through input rebate and help avoid distortions in trade and economy by ensuring uniform tax rates. Who pays? All dealers registered under VAT and all dealers with an annual turnover of more than Rs 5 lakh will have to register. Dealers with turnovers less than Rs 5 lakh may register voluntarily. How to pay? VAT will be paid along with monthly returns. Credit will be given within the same month for entire VAT paid within the state on purchase of inputs and goods. Credit thus accumulated over any month will be utilized to deduct from the tax collected by the dealer during that month. If the tax credit exceeds the tax collected during a month on sale within the state, the excess credit will be carried forward to the next month. Which goods will be taxable under VAT? All goods except those specifically exempt. In fact, over 550 items will be covered under the new tax regime, of which 46 natural and unprocessed local products would be exempt from VAT. About 270 items, including drugs and medicines, all agricultural and industrial inputs, capital goods and declared goods would attract 4% VAT. But, following opposition from some states, it was decided that states would have option to either levy 4% or totally exempt food grains from VAT but it would be reviewed after one year. Three items – sugar, textile, tobacco – under additional excise duties will not be under VAT regime for one year but existing arrangement would continue. OTHER CONSIDERATIONS It is imperative that policy makers in considering adoption of VAT should be interested in the economy wide impact of this tax. Special emphasis is often placed on its effect on equity, prices and economic growth. This is particularly important because of the potential effects on consumption of certain commodities that have a direct or indirect effect on labour productivity. VAT effect on inflation In considering the introduction of VAT, countries are often concerned that it would cause an inflationary spiral. However there is no evidence to suggest that this is true. A survey of OECD countries that introduced VAT indicated that VAT had little or no effect on prices. In cases where there was an effect it was a one time effect that simply shifted the trend line of the consumer price index (CPI). To guard against any unforeseen price effects the authorities may consider a tighter monetary policy stance at the introduction of VAT. Distribution effects of VAT Value added tax is widely criticized as being regressive with respect to income that is its burden falls heavily on the poor than on the rich. This emanates from the fact that consumption as a share of income falls as income rises. Hence a uniform VAT rate falls heavily on the poor than the rich. This criticism is valid when VAT payments are expressed as a proportion of current income. However if, following the premise that welfare is demonstrated by the level of consumption rather than income, consumption is used as the denominator the impact of VAT would be proportional. A proportional burden would also be demonstrated if lifetime income rather than current income is used. A lifetime income concept considers the fact that many income recipients are only temporarily at lower income brackets as their earnings increase. In order to address the regressivity of VAT the following measures can be taken: ?The VAT itself can be used to differentiate taxation of consumer items that are consumed primarily by the poor such that they pay less or at zero rate or to tax luxury goods at a higher than standard rate. ?VAT exemptions may also be granted on goods and services that are consumed mostly by the poor. ?Equity concerns may also be addressed through other ways, outside the VAT system, such as other tax and spending instruments of government. This could be in the form of lower basic income tax rates on the poor or some pro-poor expenditures of government. The use of multiple rates of VAT has however been widely discouraged for various reasons. These include: ?The fact that sometimes it is almost impossible to differentiate between higher quality expensive products – e. g. food, consumed by the rich and ordinary products consumed by the poor. Thus any concessions extended may tend to benefit the rich much more than the poor. ?Increased costs of VAT administration as a differentiated rate structure brings with it problems of delineating products and interpreting the rules on which rate to use. ?significantly increased costs of tax compliance for small firms, which are sually unable to keep separate records/accounts for sales of differently taxed items. This results in the use of presumptive methods of determining the tax liability, which leads to more difficulties in monitoring the compliance. The higher compliance cost resultant from differentiation of VAT rates may also be regressive with respect to income since smaller firms w ith lower income tend to bear proportionately more of the burden than do larger firms. Exemptions refer to situations where output is not taxed but taxes paid on inputs are not recoverable. The rationale behind exemptions is to reduce negative distributional effects of tax through the effect on incomes. The effects of exemption may be as follows: ?falling of revenues – exemptions break the VAT chain. If exemptions are granted at prior to the final sale, it results in a loss of revenue since value added at the final stage escapes tax. ?Un-recovered taxation of some intermediate goods may lead to producers substituting away from such inputs thus distorting the input choices of the said producers. ?Exemptions may create incentives to â€Å"self supply† i. e. tax avoidance by vertical integration. Exemptions tend to feed on each other giving rise to a phenomenon called â€Å"exemption creep†. This arises from the fact that each exemption gives rise to pressures on further exemption. For example creating an exemption to reduce the tax burden on a particular commodity or goods may lead to increased pressure for exemption or zero rating of inputs used for the production of such a commodity. Based on the above, it is important that care is taken when introducing exemptions in order to avoid distortions in the production process as well as to minimize revenue loss resulting from such distortions. Given the fact that the primary purpose of VAT is to raise government revenue in an efficient manner and with as little distortions of economic activity as possible, distribution effects are perhaps better addressed by other forms of tax and government expenditure policies which can often be better targeted at these aims. VAT effect on economic growth Economic growth can be facilitated through investment by both government and the private sector. Savings by both parties are required in order to finance investment in a non-inflationary manner. Compared to other broadly based taxes such as income tax VAT is neutral with respect to choices on whether to consume now or save for future consumption. Although VAT reduces the absolute return on saving it does not reduce the net rate of return on saving. Income tax reduces the net rate of return as both the amount saved as well as the return on that saving are subject to tax. In this regard VAT may be said to be a superior tax in promoting economic growth than income tax. Since VAT does not influence investment decisions on firms, by increasing their costs, its effects on investment can be said to be neutral. Features of VAT 1. Rate of Tax VAT proposes to impose two types of rate of tax mainly: a. 4% on declared goods or the goods commonly used. b. 10-12% on goods called Revenue Neutral Rates (RNR). There would be no fall in such remaining goods. c. Two special rates will be imposed– 1% on silver or gold and 20% on liquor. Tax on petrol, diesel or aviation turbine fuel are proposed to be kept out from the VAT system as they would be continued to be taxed, as presently applicable by the CST Act. 2. Uniform Rates in the VAT system, certain commodities are exempted from tax. The taxable commodities are listed in the respective schedule with the rates. VAT proposes to keep these rates uniform in all the states so the goods sold or purchased across the country would suffer the same tax rate. Discretion has been given to the states when it comes to finalizing the RNR along with the restrictions. This rate must not be less than 10%. This will ensure By doing this that there will be level playing fields to avoid the trade diversion in connection with the different states, particularly in neighboring states 3. No concession to new industries Tax Concessions to new industries is done away with in the new VAT system. This was done as it creates discrepancy in investment decision. Under the new VAT system, the tax would be fair and equitable to all. 4. Adjustment of the tax paid on the goods purchased from the tax payable on the goods of sale All the tax, paid on the goods purchased within the state, would be adjusted against the tax, payable on the sale, whether within the state or in the course of interstate. In case of export, the tax, paid on purchase outside India, would be refunded. In case of the branch transfer or consignment of sale outside the state, no refund would be provided. 5. Collection of tax by seller/dealer at each stage. The seller/dealer would collect the tax on the full price of the goods sold and shows separately in the sell invoice issued by him 6. VAT is not cascading or additive though the tax on the goods sold is collected at each stage, it is not cascading or additive because the net effect would be as follows: – the tax, previously paid on the sale of goods, would be fully adjusted. It will be like levying tax on goods, sold in the last state or at retail stage. What's the biggest advantage? The biggest benefit of VAT is that it could unite India into a large common market. This will translate to better business policy. Companies can start optimizing purely on logistics of their operations, and not on based on tax-minimization. Lorries need not wait at check-points for days; they can zoom down the highways to their destinations. Reduced transit times and lower inventory levels will boost corporate earnings. Following are the some more advantage of VAT: – 1. Simplification Under the CST Act, there are 8 types of tax rates- 1%, 2%, 4%, 8%, 10%, 12%, 20% and 25%. However, under the present VAT system, there would only be 2 types of taxes 4% on declared goods and 10-12% on RNR. This will eliminate any disputes that relate to rates of tax and classification of goods as this is the most usual cause of litigation. It also helps to determine the relevant stage of the tax. This is necessary as the CST Act stipulates that the tax levies at the first stage or the last stage differ. Consequently, the question of which stage of tax it falls under becomes another reason for litigation. Under the VAT system, tax would be levied at each stage of the goods of sale or purchase. . Adjustment of tax paid on purchased goods Under the present system, the tax paid on the manufactured goods would be adjusted against the tax payable on the manufactured goods. Such adjustment is conditional as such goods must either be manufactured or sold. VAT is free from such conditions. 3. Further such adjustment of the purchased goods would depend on the amount of tax that is payable. VAT would not have such restrictions. CST would not have the provisions on refund or carry over upon such goods except in case of export goods or goods, manufactured out of the country or sale to registered dealer. Similarly, on interstate sale on tax-paid goods, no refund would be admissible. 4. Transparency The tax that is levied at the first stage on the goods or sale or purchase is not transparent. This is because the amount of tax, which the goods have suffered, is not known at the subsequent stage. In the VAT system, the amount of tax would be known at each and every stage of goods of sale or purchase. 5. Fair and Equitable VAT introduces the uniform tax rates across the state so that unfair advantages cannot be taken while levying the tax. 6. Procedure of simplification Procedures, relating to filing of returns, payment of tax, furnishing declaration and assessment are simplified under the VAT system so as to minimize any interface between the tax payer and the tax collector. 7. Minimize the Discretion the VAT system proposes to minimize the discretion with the assessing officer so that every person is treated alike. For example, there would be no discretion involved in the imposition of penalty, late filing of returns, non-filing of returns, late payment of tax or non payment of tax or in case of tax evasion. Such system would be free from all these harassment 8. Computerization the VAT proposes computerization which would focus on the tax evaders by generating Exception Report. In a large number of cases, no processing or scrutiny of returns would be required as it would free the tax compliant dealers from all the harassment which is so much a part of assessment. The management information system, which would form a part of integral computerization, would make the tax department more efficient and responsive. Value Added Tax IN Maharashtra Quick Flash Back Sales tax was first introduced in India in the then Bombay Province as early as March 1938 where a tax was imposed on sale of tobacco within certain urban and suburban areas. In the year 1946, a general sales tax was introduced levying sales tax at the last stage of sale of goods. The Bombay Sales Tax Act, 1959 introduced in 1959 underwent many changes thereafter and in July 1981, first point tax was introduced wherein goods were classified into three main schedules, broadly covering tax free goods, intermediate products and finished goods. The BST Act was repealed and Maharashtra Value Added Tax Act, 2002 came into force w. e. f. 1st April, 2005 to usher in the progressive value added tax system in place of the old sales tax system. VAT is a progressive and transparent system of taxation which eliminates the cascading impact of multiple taxation through a multipoint taxation and set-off principle. It promotes transparency, compliance and equity and therefore, is both dealer friendly and consumer friendly. VAT being a multi point tax, envisages an increase in the number of dealers and is based on the concept of self-assessment and self-compliance. It is therefore, inevitable that the Sales Tax Department transforms itself into a dealer friendly, focused and dynamic department to cater to the ever increasing expectations of both the Government and the Trade & Industry. Sales Tax Department has taken up the challenge to transform their selves and be available for assisting the dealers in complying with the provisions of the law. They are in the process of installing a state-wide networked IT system to computerise entire tax administration and hope to provide online service to the dealers in due course. They are also realigning their organisational structure to meet the challenges of the new system and stakeholders' expectations. Part1 – Introduction Background Maharashtra is one of the 21 States which have introduced the Value Added Tax (VAT) system of taxation from 1st April 2005. With the introduction of VAT, the Sales Tax Department has moved to a globally recognized sales taxation system that has been adopted by more than 130 countries. The design of Maharashtra State VAT is generally guided by the best international practices with regard to legal framework, as well as operating procedures. Another key factor in preparation of the design of State level VAT is the national consensus on certain issues. The consensus has been arrived at through the discussions in the Empowered Committee of State Finance Ministers on implementation of State level VAT. On 1st April 2005, VAT replaced the single point sales tax. Single point sales tax had a number of disadvantages, primarily that of double taxation. VAT is a modern and progressive taxation system that avoids double taxation. In addition to offering the possibility of a set-off of tax paid on purchases, VAT has other advantages for both business and government. It eliminates cascading impact of double taxation and promotes economic efficiency. It is primarily a self-policing, self-assessment system with more trust put on dealers. It provides the potential for a stronger manufacturing base and more competitive export pricing. It is invoice based, and as a result it offers a better financialsystem with less scope for error. It has an improved control, mechanism resulting in better compliance. It widens the, tax base and promotes equity. VAT in Maharashtra is levied under a legislation known as the Maharashtra Value Added Tax Act (MVAT Act), supported by Maharashtra Value Added Tax Rules (MVAT Rules). VAT is levied on sale of goods including intangible goods. The meaning of â€Å"goods† for VAT purposes â€Å"Goods† means every kind of moveable property including goods of incorporeal and intangible nature but there are some exclusion, such as newspapers, actionable claims, money, shares and securities and lottery tickets. Businesses engaged in. the buying and selling of goods within the scope of the VAT law are referred to as dealers. The meaning of ‘sale' for VAT purposes A transaction of sale can be a: normal sale of goods; sale of goods under hire-purchase system; eemed sale of goods used I supplied in the course of execution of works contract; deemed sale of goods given on lease. The rate of tax applicable to the goods sold under various classes of sales is uniform. However, in respect of normal sales of goods and deemed sales of goods under works contract and specified deemed sale of goods given on lease, the Act provides for an optional method for dischar ging tax liability by way of composition. Being so, the tax liability has to be determined with reference to the option exercised by the dealer for discharging tax liability. Businesses covered by VAT The VAT system embraces all businesses in the production and supply chain, from manufacture through to retail. VAT is collected at each stage in the chain when value is added to goods. 1t applies to al1 businesses, including importers, exporters, manufacturers, distributors, wholesalers, retailers, works contractors and lessors. Part 2 – Registration under VAT Rules for registration If a dealer's annual turnover exceeds the below mentioned threshold, then it must register with the local office of the Sales Tax Department. All Figures in Rs. Category Annual Turnover of Sales Turnover of sales or purchase of taxable goods not less than Fees payable on registration Importer 1,00,000 10,000 100 Others 5,00,000 10,000 100 If the dealer's turnover is less than the above threshold, then they are not liable to collect and pay VAT. However, if a dealer wishes to avail the benefits of being a registered dealer, then they may apply for voluntary registration by paying a fee of Rs. 5,000/ -. Benefits of being a registered dealer As a registered dealer, they are entitled to: ollect VAT on the sales; claim set-off of tax (input tax credit) paid on purchases; Issue tax invoices and, be competitive. Effective date of registration The effective date of registration, that is, the date front which a dealer may charge VAT on sales; will depend on the date they first become liable to pay VAT. This date will be determined as follows: a) New businesses: If a dealer is not registered because their annual turnover is less tha n the threshold; their liability to account for VAT starts from the date they cross the threshold. ) Existing businesses: If a dealer took over an existing business that is registered for VAT, then they will be liable to pay tax on sales from the date they took over the business. c) Voluntary registration: If a dealer is registered on a voluntary basis, then he will be liable to account for VAT from the date shown on the certificate of registration. d) Late registration: If a dealer's turnover has exceeded the appropriate threshold but they have applied late for registration, then he can charge VAT on his sales only after they are registered, i. e. from the date shown on the certificate of registration. Further, having crossed the threshold, it is an offence to be engaged in business as a dealer without a certificate of registration Certificate of registration A dealer should prominently display the certificate and hologram, or a copy of the certificate and hologram, at each place w here they carry can on their business. If a dealer has more than one place of business, then Sales Tax Office will provide them, upon their request, one copy of the certificate of registration and hologram for each additional place of business. If a dealer loses his / her certificate of registration or hologram, or it is accidentally destroyed or defaced, then they may obtain a duplicate copy of the certificate of hologram from their sales tax office. The certificate of registration and hologram is personal to the dealer to whom it is issued and is non-transferable. Changes to business circumstances If, following dealer register, there are any amendments to the details they can be reported while applying for registration, it must done within 60 days of the change, inform us in writing. Where the amendment involves a: change in the name of the business; hange in the constitution of the business without dissolution of the firm; change in the trustees of a Trust; change in the guardianship of a ward; change in the Karta of a Hindu Undivided Family; conversion of Private limited Company to a Public limited Company; change in the place of business; addition of new place of business; formation of a partnership with regard to the business, an application made by a dealer for insolvency or liquidation of their business; an application made against dealer's business for insolvency or liquidation; opening or closing of a bank account; A dealer will not need to make a fresh application for registration. However, the communication to the Registering Authority concerned should be made within sixty days of the change or occurrence of the event. Cancellation of registration A dealer will be liable to pay VAT while their registration is effective. If however, their turnover falls below the threshold, he may choose to apply for cancellation of his registration. However, he should continue to collect and pay VAT in the normal way until his registration is formally cancelled. Alternatively, they may be allowed the registration to continue. If a dealer: discontinue the business; dispose of or sell or transfer the business; A dealer must inform the Sales Tax Department within 30 days of the event. In case of disposal or sale of business, their successor will need to apply for a fresh registration certificate. For cancellation of registration a dealer should submit form 103 which is available with the local sales tax office. It can also be downloaded from the website www. vat. maharashtra. gov. in If the Sales Tax Department cancels the dealer's registration, they must return the Certificate of Registration The cancellation of their certificate does not affect their liability to pay any tax, interest or penalties in respect of any period prior to the date of cancellation of their registration. The obligations of a registered dealer Following are the registration, which dealer's are obliged to: display prominently their certificate of registration and hologram in their place of business, and a copy of the certificate and hologram in each of the other places where they carry on their business; inform their sales tax office of any changes in the details previously reported to the sales tax office; collect VAT on all sales at appropriate rates; alculate the tax due and submit correct, complete and self consistent returns and pay the amount of tax due on or before the due dates; issue tax invoice / bill or cash memorandum to all customers; maintain adequate records and retain them for a period of five years from the end of the tax year to which they relate; extend co-operation to the officer s of the Sales Tax Department at dealer's business premises and provide all assistance to them to discharge their duties. Part 3 – Explaining VAT How VAT works When a dealer sell goods, the sale price is made up of two elements; the selling price of the goods and the tax on the sale. The tax is payable to the State Government. The tax payable on sales is to be calculated on the selling price. The tax paid on purchases supported by a, valid tax invoice is generally available as set-off (input, tax credit) while discharging the tax liability on sales. Example The following example shows how the VAT works through the chain from manufacturer to retailer. Company A buys iron ore and other consumables and manufactures stainless steel utensils; Partnership firm B buys the utensils in bulk from Company A and polishes them; shopkeeper C buys some of the utensils and purchases packing, material from vendor D, packages them and sells the packed utensils for the public. (The sale and purchase figures shown in the example are excluding tax) Particulars Amount (Rs. ) VAT @ 4% (Rs. ) Company A Cost of iron are and consumables 50,000 2000 Sales of unpolished stainless steel utensils 1,50,000 Value added 1,00,000 Company A is liable to pay VAT on Rs. 1,50,000/- @ 4% 000 Less Set Off (2000) Net VAT amount to pay with the Return (Note: Tax invoice issued by Company A will show sale price as Rs. 1,50,000/- tax as Rs. 6,000/-. Therefore, the total invoice value will be Rs. 1,56,000/-) 4000 Partnership B Purchases unpolished stainless steel utensils. 1,50,000 Sales polished stainless steel utensils 1,80,000 Value added 30,000 Partnership B is liable t o pay V AT on Rs. 1,80,000 at 4% 7,200 But can claim set off of tax paid on purchases (6,000) Net VAT amount to pay with the Return 1200 Shopkeeper C Purchases polished stainless steel utensils 1,80,000 Packing material 5,000 Total Purchases 1,85,000 Sales 2,25,000 Value added 40,000 Shopkeeper C is liable to pay V AT on Rs. 2,25,000 @ 4% 9,000 Set off of tax paid on purchases (Rs. 7,200 + Rs. 200 of packing material) 7,400 Net VAT amount to pay with the Return 1,600 Vendor D Tax paid costs Nil Sales 5,000 Value Added 5,000 Vendor D is liable to pay VAT on Rs. 5,000 @ 4% 200 The VAT due on the value added through the chain, i. e. , 4% on Rs. 2,25,000 is : 9,000 The State Government received the tax in stages. The payments of tax were as follows: Particulars Amount (Rs. ) Suppliers of Company A 2,000 Company A 4,000 Partnership B 1,200 Shopkeeper C 1,600 Vendor D 200 Total 9,000 Thus, through a chain of tax on sale price and set off on purchase price, the cascading impact of tax is totally eliminated. Since set-off of tax on purchases is given only on purchases from registered dealers where tax is collected separately, dealer's purchases from unregistered dealers, imports, inter-state purchases and purchases from registered dealers without separate tax collection are not entitled to set-off. In practice, the tax is finally borne by the ultimate consumer, who is not a registered dealer, in this case, people who buy utensils from the shopkeeper C. Rates of value added tax There are two main rates of VAT 4% and 12. 5%. The goods are grouped into five schedules as under: Schedule Rate of tax Illustrative Items A 0% Vegetables, milk, eggs, bread B 1% Precious metals and precious stones and their jewellery C 4% Raw materials, notified industrial inputs, notified information technology products and a few essential items D 20% and above Liquor, petrol, diesel etc E 12. 5% Other than items specified in schedules A, B, C & D. (The list is illustrative and not exhaustive. Please refer to the schedules for details) Difference between tax free goods and exempt sales It is sometimes confusing to have goods that are tax free and sales that are exempt. Both result in no VAT being charged, so what is the difference? Tax free goods do not attract tax at any stage of sale or in any type of transaction, whereas, exempted sales are certain types of transactions, viz. , export sales which are exempt from tax. Composition schemes Certain dealers may find it difficult to keep detailed records for claiming set-off. For such dealers, a simpler and optional method of accounting for VAT has been introduced. This method is the composition scheme. It may be noted that composition scheme is not meant to be a tax concession scheme but only a simplification of tax calculation and payment system. Tax payable by dealers opting for composition in lieu of VAT The following classes of dealers are eligible for option to pay tax under composition: Resellers selling at retail, i. e. , to consumers, Restaurants, eating houses, hotel (excluding hotels having gradation of ‘Four Star' and above), refreshment rooms, boarding establishments, clubs and caterers, Bakers, Dealers in second-hand passenger motor vehicles and Works contractors Dealers engaged in the business of providing mandap, pandal, shamiana. Accordingly, if the dealer has opted for payment of tax liability under composition, the tax liability has to be determined in terms of the guidelines given in the relevant Notification in this regard. Apart from the terms and conditions governing each of the composition schemes, the Notification explains the methodology for computation of turnover liable to tax and the rate of composition payable. A dealer can opt for the composition option at the beginning of the financial year and has to continue to be a composition dealer at least till the end of that financial year. If dealer wishes to switch, over to normal VAT, he can do so only at the beginning of the next financial year. However, a new dealer can opt for composition at the time of registration. In respect of works contract, the contractor can choose to discharge tax liability under composition option. Moreover, such an option can be exercised by the contractor on contract to contract basis. Part 4 – Calculating tax liability In, order to calculate how much tax a dealer has to pay, he must, first determine his turnover of sales and turnover of purchases. The second stage is to ascertain the amount of tax due for payment. Calculating turnover of sales and purchases The turnover of sales is the total of the amounts received or receivable (excluding VAT charged separately) in respect, of the sale of goods, less the amount refunded to a purchaser in respect of goods returned, within six months of the date of the sale. Similarly, the turnover of purchases is the total of the amounts paid or payable (excluding VAT charged separately) in respect of the purchase of goods less (the amounts repaid to dealer in respect of goods they return, within six months of the date of purchase. Credit notes and debit notes. If the sale price, or the purchase price, of any goods is varied and either a credit note or a debit note is issued, then the credit note or the debit note, as the case may be, should show separately, the tax and the price. be accounted for in the period in which the appropriate entries are made in their books of accounts. Special cases Auctioneers If dealer is an auctioneer, then they must include in their turnover, the price of the goods they auction for their principal Hotels There are special rules for hotels and other establishments that provide boarding and lodging for an inclusive amount. The rules provide a formula to enable them to calculate their turnover of sales for meals (food and beverages) which they provide. The supply of food in a restaurant also includes an element of service. But the full amount charged is the sale price for the purposes of calculating turnover and tax. Works contracts VAT applies only to the sale of goods. Supply of services is not liable to VAT. Works contracts are deemed sales where both, goods and services are provided in a transaction and cannot be separated. A works contract may involve the creation of immoveable property, e. g. a house, a factory or a bridge. Some other examples of works contracts are photography, repairs & maintenance etc. To calculate the amount a dealer should include it in their turnover of sales, so that they may deduct it from the total contract price, the costs of labour and service charges. amount paid to sub-contractors. charges for planning and designing, and any architect's fees. hiring charges for machinery and tools. cost of consumables, such as, water, gas and electricity. Dealer's administrative costs relating to labour and services and any other similar expenses. any profit element that relates to the supply of labour and services. Alternatively, in lieu of the deductions as above, a dealer may choose to discharge the liability arising on works contracts by referring to the table prescribed in the rules. If the dealer finds that it is too complicated to calculate the deductions, then they may opt for a composition scheme for any works contract. Sales and purchases not liable to tax under VAT The VAT law specifically excludes from value added tax all imports, exports and inter-state transactions. These transactions are covered by the CST Act. Similarly, transactions that take place outside Maharashtra are not within the scope of MVAT Act. Point of levy in certain cases Hire purchase Where there is a hire purchase agreement or an agreement for sale by installments, the date of the sale is deemed to be the date of the delivery of goods. This is despite the fact that legal ownership of the goods only passes to the buyer after payment of the final installment. If the hire-purchase agreement specifies the interest component then in calculating the sales price, dealer should disregard the interest component included in the agreement. Calculating the amount of VAT due on sales Dealer should also make some adjustments to the total turnover of sales to arrive at the amount on which tax is due. From the total sales one should deduct the total of exports and inter-State sales. the total of sales of goods that are tax free, and branch / consignment transfers to locations in Maharashtra as well as other States. the tax collected. To calculate the tax due, dealer should start allocating their turnover of sales in the return period (net of the above deductions) to the rates of tax they have been charged. They should also ensure that the correct tax rates are applied. The information should be readily available from their records. This gives the total of sales tax due. Calculating the turnover of purchases Records will provide the total figure, but they may not have paid VAT on all their purchases. They must now deduct the total value of imports from out of India. inter-State purchases. purchases of tax free goods. direct purchases from exempted units under the Package Scheme of Incentives. consignment transfers, and local purchased from unregistered dealers. local purchases from registered dealers not supported by tax invoice. The resulting figure represents purchases against tax invoices from registered dealers. Calculating the amount of set off due (VAT paid on purchases) This s the next stage of tax calculation. At this stage VAT is charged on total purchases. Dealer must, however, make some adjustments to this amount for, in certain cases, the full set off of the VAT paid on purchases is not available. Adjustments to tax available for set off If dealer's purchases include goods, used as fuel, or for the manufacture of any tax-free goods, or as packaging for tax-free goods, this go ods should be sold. Then a dealer must calculate the value of those items and deduct tax @ 4% of the corresponding purchase price from the amount otherwise available for set off. Not applicable to PSI dealers other than the New Package Scheme of Incentives for Tourism Projects, 1999 and also to manufacturers of tax-free sugar or fabrics covered by Entry A 45 and where such goods are sold in the course of export falling under section 5 of the CST Act, 1956). Similarly, if the goods are stock transferred by way of branch / consignment transfer to a place outside the State, deduct tax @ 4% (1 % in respect of goods covered by Schedule B) of the corresponding purchase price from the amount otherwise available for set off. Dealer must also make further adjustments as follows: – If they have been used any goods (other than capital assets) as part of a works contract for which they have been opted for payment composition @ 8% on the total contract value, they must also deduct 36% of the amount from the set off otherwise available (4% of purchase price in respect of construction contracts for which they have been opted for payment of composition @ 5% on total contract value). Where a dealer's sales are less than 50 % of their gross receipts, then they can claim set off only on those purchases of goods or packing materials effected in that year where the corresponding goods are sold within six months of the date of purchase or consigned within the said period to another State by way of stock transfers. In respect of office equipment, furniture or fixtures which have been treated as capital assets, a dealer should reduce set-off otherwise entitled by an amount equal to 4% of the purchase price. If a dealer is the retailer of liquor vendor and its actual sale prices are less than the Maximum Retail Price, there is a special formula for calculating the amount of the adjustment. Effectively this means that, if a dealer sells at 75% of the MRP then they can claim set off only to the extent of 75% of the tax paid. A dealer can not claim any set off for the tax paid on any purchases that remain unsold on the date when business discontinues. All this information should be available from their records, including tax invoices and bills or cash memorandum they have issued, and the tax invoices they have received. Set off not available There are various items on which set-off is not available such as, goods of incorporeal or intangible character other than those specified, passenger motor vehicles, motor spirits, crude oil, building material used for construction etc. Conditions for claiming set off A dealer can claim set off only for VAT paid on purchase if they have a valid tax invoice for that transaction and they had maintain account of purchases showing the specified details. Tax payable The amount of set-off admissible can be adjusted against tax payable. The amount of net tax payable is the total of sales tax collected on sales less the set-off available. Refund cases If the amount of set-off admissible during the period is more than the amount of tax payable, then dealer's return would reflect a balance refundable to the dealer. The amount of set-off can be more than the tax payable for a variety of reasons, such as Inputs are taxable at higher rate as compared with the rate of tax on output. Outputs are tax-free goods while inputs carry tax. Outputs are export sales. Outputs are CST sales which are taxable at the concessional rate of CST. Manufactured goods or trading goods are transferred to branches outside the State or are sent on consignment transfers. Apart from part of the admissible set-off which can remain unutilized, excess credit can be on account of: unutilised portion of tax deducted at source or refund payment order or ad-hoc payment made is more than tax payable. Whatever may be the reason for credit in excess of tax due and payable during a tax period, dealers are eligible to claim refund of such excess credit. For the purpose of granting refund, dealers have been classified under two categories viz. a) specified class of dealers and b) other dealers Refund to specified class of dealers Specified classes of dealers are : – Exporters exporting out of the country or dealers selling to an exporter against form H. A unit set-up in SEZ or STP or EHTP or a 100% EOU unit. These units have to be certified by the Commissioner of Sales Tax. An Entitlement Certificate holder availing of the benefit ofincentives under the Package Scheme of Incentives (PSI). Specified class of dealers and the dealers who have made a sale in the course of inter-State trade or commerce and in the return he has shown any amount to be refundable are eligible to claim refund in each of the returns filed by them. Full amount of excess credit can be claimed as refund due for the return period. The dealer eligible to claim refund has to file refund application in Form 501. The application has to be filed with the Refund Branch. The Refund Branch may ask for Bank Guarantee and any relevant information for checking correctness of refund claimed. Normally, refund would be granted within one month from the receipt of Bank Guarantee or within three months from the date of receipt of refund application in Form 501, or as the case may be, the date of receipt of the additional information, whichever is later. Refund to other dealers Other dealers are not eligible to get refund in each of the return filed. They are required to carry forward excess credit to the next return within the same financial year and claim refund of excess credit in the return for the period ending March. The dealer claiming refund in March return has to make refund application in Form 501. The application has to be filed with the Refund Section. Normally, refund would be granted within six months of the end of the year to which the return relates. However, refund would be granted within six months to the new dealer's at the end of the year succeeding the said year. Audit of refund claims The refund granted to dealer would be subject to audit by the Refund Audit Section. The audit may be taken up before granting the refund or after the refund is granted. Normally, refunds made against Bank Guarantee would be taken up for audit after the refund has been granted. During the course of the audit, the audit team will check dealer's eligibility to claim refund and the correctness of the amount of refund claimed by them. Interest on delayed refund No interest is payable on the refund due to a dealer as per returns filed by a dealer. However, if granting of refund is delayed beyond the above mentioned periods, dealer is eligible for interest for delayed payment. Simple interest at the rate of 6% per year would be payable for the period from the due date to the date of refund. Some tips for getting timely refund Dealer's claim of refund would be processed faster if: – They had filed the return with the Returns branch as per the prescribed time schedule. The return filed by the dealer's should be correct, complete and self-consistent. They should have claimed refund as per the appropriate periodicity. The amount of refund due to them should be computed correctly. Refund application in Form 501 is filed with the Refunds branch in time. They should have promptly furnished Bank Guarantee and other details when called for. They should keep ready all the documents and records for audit. They should file the return for a period for which they are required to file. Thus, if they are required to file a quarterly return, but they file a monthly return, then the refund would not be granted for the monthly return. In order to be eligible for refund, they would have to file a quarterly return. Part 5 – Filing a return and paying the tax VAT is a self-assessment system and dealer's are expected to make self assessment for a given tax period and declare their VAT liability by filing returns. The returns have to be filed in the prescribed form and by the specified dates. Further, they are also required to pay the tax due as per the return filed. In Maharashtra, return form is return-cum-chalan. As such, filing of returns along-with payment of tax on or before the due date at the notified bank would be considered as sufficient compliance. However, where any amount of tax including interest or penalty is due as per a fresh or revised return, then they should first pay such amount in Government Treasury and file the return in the local office of Sales Tax Department along with a self attested copy of the chalan. If no payment is due or a refund is claimed as per the return, they are also required to file the return in the local office of the Sales Tax Department. Return forms The return forms prescribed are as follows. Form No. To Be Used By 221 All VAT dealers other than dealers executing works contract, dealers engaged in leasing business, composition dealers (including dealers opting for composition only for part of the activity of the business), PSI dealers and notified Oil Companies. 222 All composition dealers whose entire turnover is under composition (excluding works contractors opting for composition and dealers opting for composition only for part of the activity of the business). 223 VA T dealers who are also in the business of executing works contracts, leasing and dealers opting for composition only for part of the activity of the business. 224 PSI dealers holding Entitlement Certificate (Transactions by PSI dealers relating to the business of executionof works contracts, leasing, frading and composition only for part of the activity of the business to be included in a separate return in Form 223). 25 Notified Oil Companies (Transactions by OIL Companies relating to the business of execution of works contracts, leasing and composition only for part of the activity of the business to be included in a separate return in Form 223). A dealer can refer to the instructions given in the form before filling the return. Please ensure that the return for a tax period c overs all the transactions of sales, purchases, branch transfers received, branch transfers made etc. Further, they must ensure that all the columns of the return are duly filled in and are clearly legible. If a particular column is not relevant, please do not leave it blank but mention† not applicable†. The return filed by them must be correct, complete and self-consistent. Time schedule for filing returns Periodicity of filing returns is as follows: – Retailers who have opted for composition should file six-monthly returns. Newly registered dealers should file quarterly returns until the end of the year in which they first register. All package scheme dealers should file quarterly returns. All other dealers should file returns as given below :- Dealers whose tax liability in the previous year was less than Rs. 1,OO,OOOj- (Rs. 1lakh) or whose entitlement for refund was less than Rs. 10,OO,OOOj- (Rs. 10lakh) should file six-monthly returns. Dealers whose tax liability in the previous year was more. than Rs. 10,00,000- (Rs. 10lakh) or whose entitlement for refund was more than Rs. l,00,00,000- (Rs1crore) should file monthly returns. All other dealers should file quarterly returns. Filing and payment dates for return-cum-chalan are as follows: Return Frequency Filing / Payment date Monthly 21 days from the end of the return period Quarterly 21 days from the end of the return period Six Monthly 21 days from the end of the return period Scrutiny of returns filed The return filed by the dealer should be correct, complete, and self-consistent in every respect. The Sales Tax Office will check the return to ensure that there are no obvious errors in consistencies or contradictions in calculations. If this check reveals discrepancies, then the dealer's will be advised and invited to submit a fresh return. The department will issue this defect notice within four months of receiving their return. Then they should file their fresh return within 30 days of the notice. If they fail to do so, it will be deemed not to have filed the return within the time allowed, and will so liable to a penalty charge. At the same time, as the department issues the defect notice, dealers will be sent a ‘show cause' notice, explaining that a penalty may be imposed. Offences relating to filing of returns and payment of tax The following are the offences liable for interest / penalty / prosecution etc. Short- payment / non- payment of tax due Failure to file returns Delay in filing returns Knowingly furnishing false returns Filing of incorrect or incomplete or inconsistent returns Consequences for filing a return, which is not correct, complete and self-consistent Each of the returns filed by them is checked to confirm that the same is correct, complete and self-consistent. In case the return is defective, a defect notice is issued by the Returns Branch pointing out the error or the omission. On receipt of the notice, it is required to file fresh return which is correct, complete and self-consistent and should also pay differential tax due, if any. The return filed by them in response to defect notice is termed as Fresh Return and the dealer should indicate so on the return in the space provided for the same. Fresh return rectifying the defects has to be filed within the time limit specified in the defect notice. Failure to comply with the notice would be construed as non-filing of return and consequently, a unilateral (ex-parte) assessment order would be passed. Failure to file a return If dealer's fails to file a return within the time allowed, then they are committing an offence and, in addition to any tax and interest that may be due, which is liable to a penalty. As no return has been filed by them, a unilateral assessment without giving them a notice will be made. This unilateral assessment order is non-appealable. However, they can get this assessment order cancelled only by filing the return and paying the tax and interest due as per the return. For this purpose they should file application in Form 304 and submit to Returns Branch. Paying the tax due All the dealer's or the person must file their return and should pay the tax due, in a bank that is authorized to accept the return. If they are required to file a revised return, and the tax due exceeds the amount which they had paid when submitted earlier form, then they should pay the balance amount which is due now. The bank will give them an acknowledgement of the receipt of their return and payment. If there is any doubt that where to file the return and pay the tax due, then can ask to their local sales tax office. Revised return Subsequent to filing the return, in case dealer notices any error or omission, then they can file a revised return before expiry of eight months from the end of the financial year to which the return relates or before a otice for assessment is served, whichever is earlier. Such return should be accompanied by payment of tax and interest, if any. In case the return filed by them is a revised return, then they should indicate it on the return form in the space provided for the same. The various types of returns and their description have been summarised as under: Type Of Return Descr iption Original The return filed by the dealer originally along with the payment in the bank. Fresh The return filed by the dealer after the department issues a defect notice. Revised The return filed by them to correct any error or omission. Filing of returns in special cases The first return for the newly registered dealer is for the period up to the end of the quarter containing the date of its registration. Example 1 The turnover exceeds the threshold on 1st November. Then they should apply for registration, which is granted on 30th November and the date of effect is 1st November. The first return is for the quarter ended 31st December covering the period 1st, April to 31st December; and the second return is for the quarter ending following 31st March. Example 2 If turnover exceeds the threshold on 1st November. But dealer apply late for registration i. e. on 10th December, and the registration is granted on l0th December, then the date of effect registration is 10th December i. e. , Date of application. The first return is due for the quarter ending on 31st December (covering. the period 10th December to 31st December).. Filing of return in case of cancellation of registration Dealer's registration may be cancelled if they discontinue, transfer or sell the business. They may also choose to cancel their registration if their turnover falls below the threshold limit. Example If dealer's file the returns quarterly and their, last return was for the quarter ending 30th September. If a dealer closes the business on 15th November, then their final return will be for, the period 1st October to 15th November. The return should be filed within one month, that is, before 15th December. Dealer under the Package Scheme of Incentives If dealer's hold a Certificate of Entitlement granting an exemption from payment of tax or deferment of payment of tax, it should be for the unit which is eligible for the incentives, file a quarterly return, in Form 224. They must continue to file quarterly return till the Certificate of Entitlement remains valid. When the validity of the Certificate of Entitlement ends, then dealer must file: – a quarterly return, in form 224, for the period from the first day of the quarter in which the event occurs to the date the Certificate of Entitlement ceases, and a quarterly return, in form 221 or 222 or 223 as the case may be, for the remainder of that financial year. For succeeding years, the period and frequency of the returns will be determined on the basis of the tax liability or entitlement for refund of the preceding financial year. Filing multiple returns Dealers are required to file a single return at its principal place of business for all its businesses or places of business. If they desire to file separate returns for separate places / divisions, then they must apply for Form 211 for permission to file multiple returns. Dealer should ensure that correct, complete and self-consistent returns are filed at all the locations in the State. Tax deduction at source by an employer in a works contract The works contractor is obliged to pay the tax on the works contracts executed by him. However, the employer i. e. he notified person who has engaged the works contractor is obliged to deduct tax at the specified rate from the amount payable to the works contractor, excluding the amount of tax, if any, separately charged or service tax levied by the contractor.. The tax amount so deducted and paid to the Government treasury IS considered as a payment made on behalf of the works contractor. The employer is required to d eposit this tax and issue a certificate of tax deduction at source in the prescribed format based on which the works contractor is allowed to take the credit of the same while discharging his tax liability. Part 6 – Records and accounts Keeping records Proper records are an essential part of effective management and control of their business. Dealers are required by law to keep a true and accurate account of the transactions effected by them. This will also help them to correctly quantify their tax liability or refunds, as the case may be. They should keep all their accounts, registers and documents relating to their stocks of goods, purchases, sales and deliveries of goods, at their place of business. If they wish to keep them at a different location they may do so, but only if they have the permission of the Commissioner of Sales Tax. Nature of records Normally, this department will not expect them to keep any special records for VAT purposes. However, the records that they do keep should have sufficient details to enable them to correctly calculate the amount of VAT due for payment and file their return. If Sales Tax Office happens to find that their records are not properly maintained, then they will issue a notice, informing dealers about what records they must keep. A dealer should maintain the following records: – to identify the nature and value of goods purchased and sold; distinguish between – local sales, interstate sales & exports. local purchases, interstate purchase & imports. ndicate value of – sale and purchase of tax free goods. sales exempted from tax. purchases from URD. rate-wise purchases & sales. local purchases from registered dealer with VAT shown separately. record payments for the purchases and sale of goods in cash book / bank book. include a summary of VAT paid separately on purchases, VAT charged on sales, VAT paid to the State treasury and VAT refundable / refunded to the dealers. contain adequate proof that goods have been exported or imported; be supported by invoices for all goods purchased, and copies of invoices, and bills or cash memoranda, issued for goods sold. Tax invoices and memoranda of sales or purchases As a registered dealer, they should issue a tax invoice when they sell goods to another registered dealer and charge VAT. For sales made to consumers and unregistered dealers, they must issue a tax invoice, or a bill or cash memorandum. However, if a dealer is a composition dealer other than a works contractor, they must issue a bill or cash memorandum only and not a tax invoice. Failure to issue a tax invoice or a bill or cash memorandum may result in a penalty. The tax invoice must contain: – he words ‘Tax invoice', printed in bold letters at the top or at a pro