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Entry Tax Computations

AKSHAY NAIK

Sir,

Can entry tax be at a flat rate of 2% on all items related to manufacturing, whereas the rates for each iem given as per the gazette are different per item.?

thank you.

Entry tax rates: scheduled or notified rates control; flat-rate imposition invalid without specific notification authorising it. The Act levies entry tax according to schedule entries and any specific notifications; prescribed specific rates govern applicable items, and items omitted from notification are not leviable. A blanket flat rate for all manufacturing-related goods is not permissible absent a specific notification or statutory authorization; any flat-rate levy imposed without such authority is asserted to be void ab initio. (AI Summary)
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Ganeshan Kalyani on Jan 14, 2016
Tax is leviable as per schedule entry given in the act.
DR.MARIAPPAN GOVINDARAJAN on Jan 15, 2016

Elucidate with suitable example.

YAGAY andSUN on Jan 15, 2016

Dear Akshay,

If a specific item is not mentioned in the notification issued under Goa Entry Tax Act then there would be no entry tax leviable or applicable. If a specific rate has been mentioned for a particular item then that particular specific rate would be applicable. Flat rate would not be applicable untill unless there is specific notification issued in this regard. If Goa VAT Department is charging flat rate without any authority in law then such levy would be null and void ab initio.

Regards

YAGAY and SUN

(Management, Business & Indirect Tax Consultants)

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