Square Root Using Sequential Cordic

Square root using Sequential Cordic Assignment-2 Submitted to: Dr. Sumam David Dept. of Electronics & Communication Engineering NITK Surathkal Submitted by: Rakshith Sharma 10EC87 Vikas Majjagi 10EC107 Mullapudi Srinivas 10EC99 Algorithm: This is implemented for a range of input values < 0. 75 since Xin should be less than 1 for the bit notation we used. Here we use the vectoring Mode of CORIC and its Hyperbolic subcase to calculate Xout=sqrt(xin2 -yin2 ) And yout= 0 Bit notation: [MSB(sign bit)] . (bit 1 to 15 for +ve fraction)] If we use xin=M+ ? and yin=M -1/4 we can compute xout=sqrt(M). The other equations of the cordic remain the same ie, X(i+1)=x(i)+d(i)*y(i)*2-i Y(i+1)=y(i)+d(i)*x(i)*2-i Z(i+1)= z(i) – d(i)*a(i) where a(i)=tan-1 (2-i) In this case we use 16bit fixed point notation with one sign bit and 15 bits in Q15 notation. A total of 12 iterations are used to reach the result where y(i) is sufficiently close to 0 and x(i) is approximately equal to sqrt(M).In case o f hyperbolic, it is necessary to repeat shift iteration number for 4 th and 7th iterations in order to make the series to converge. The final obtained x(i) is to be multiplied by 1. 207534056 to get the result. The flow chart for the algorithm implement in the VHDL code is as shown in the following page. d(i)=1 if x(i)*y(i)0 Y(i) has gone to 0(apprx) input M=0. 63998413 output X(i)=0. 80035533 Y=0? &sh ift>12 Yes No Yes X(i)=sqrt(M) Yes Check iteration number Shift=4 or 7? Shiftrep= 0? No No Shiftrep+1 Shift+1 d(i)=-1 No x(i)*y(i)

Realities of the Food Industry: A Review of the Film Food Inc Essay

In today’s time, threats to a person’s well-being do not just come from crimes and natural calamities. One of the biggest dangers Americans face are the negative consequences of the nation’s continuously prospering food industry. Robert Kenner’s 94-minute documentary film entitled Food Inc. revealed shocking truths and exposed the terrifying realities of how food is produced in America. Because of the vast changes that have taken place in the industry for the past years, several harmful practices have also developed not only in the eating habits of Americans but also in the way food is being produced. The film is about the corruption that is taking place in the food industry that is deliberately eating up the health of the nation. Food is a necessity to all the people. Sadly, it is also one of the most profited oriented industries in America. The documentary film reveals how the industry had been so encouraged to provide â€Å"faster, fatter, bigger, cheaper† products to their consumers in order to ensure good profits. It appears that we are receiving better supplies of food, but truth is, these new varieties of food are more harmful to people. Food Inc. disclosed that there are so many new products and foods are being sold today but they are all under the sacrifice of more people acquiring difficult diseases, animals and workers being abused, livelihood of farmers getting less, and environment getting punished. For a very long time, giant food companies and relevant government agencies have actually tried to keep these important but degrading things hidden from American consumers. The film exposed how companies are profiting from consumer’s health in the way they produce food. Other than making the production faster and more stable, technology and usage of chemicals have also resulted to the increase of the risks and health damages that people can experience. Even vegetables are not safe anymore. New species of bacteria had appeared and Americans have become more defenseless than ever. Food Inc. exposed how giant companies are more interested in making their business rich very fast without even giving sufficient consideration for the health of their consumers. What makes matters worse is how the government adds up to the problem. The film reveals that government regulatory agencies that should be monitoring the industry and ensuring the safety of the people are actually creating more ways to protect the profiting companies. Food Inc. highlights on the controversial law that prohibits the revealing of how food in being produced and the criticizing of food products. This law is one of the significant reasons why many Americans remain ignorant to the real situation and instead suffer the consequences of sickness, diseases, obesity, and diabetes. Food Inc. is a powerful and haunting film that had proved to be informative and motivating for people to re-think their food intake. More than just presenting the horrible realities of the industry, the documentary also presented possible solutions or small steps that each consumer could take in order to make a change. If the government continues to aid the anomalous practices of these companies, then public awareness should be heightened by advocacy campaigns that demand healthier supply of food. This film is just one of the perfect examples of how to campaign against the terrible truths in the food industry. The film also disproved the notion that consumers cannot do anything against the powerful companies that abuse them. Experts highlight the consumers do have the capacity to change things and correct all the irresponsible, damaging practices of the industry. If consumers would take actions on the awareness and start demanding for more nourishing foods, companies will have no choice but to produce more nutritious products. Works Cited Food Inc. Dir. Kenner, R†¦ Magnolia Pictures, 2009. DVD. â€Å"Food Inc. † Internet Movie Database. Web. 30 April 2010. .

Ethical Dilemna Assignment Jehi Mcmath Brain death case Research Paper

Ethical Dilemna Assignment Jehi Mcmath Brain death case - Research Paper Example It is in responding to such cases as this that, WHO prioritized mental health as well is as mental injuries. This was to reduce disability as well as early mental disorders. Ethically, it would be unsound for the medical personnel to carry out the operation o the patient when he or she is under such great pain (Chakrabarti, 2014). Yet, on the contrary, one would find that this is not acknowledged by the traditions and best practices of medication. Given that in provision five, the nurse owes the same duties to self as to others, including the responsibility to preserve integrity and safety, to maintain competence, and to continue personal and professional growth. When a patient makes requests that contravene the regulations lay down by the medical field. This may happen when the patient is in great pain with very minimal chances of survival. The patient may seek to apply for a slow and a merciful death. This ma receives an objection from the medical official on the grounds that, it would be tantamount to murder of the innocent. Sometimes such and endeavor may even attract a fain of a jail term or even both. These are some of the challenges that may bother the nurses. In the light of the fact that, in provision eight; the nurse collaborates with other health professionals and the public in promoting community, national and international efforts to meet health needs. A nurse’s judgments visa viz the decisions of the victims. There are some decisions that may be reached by the patient. Some of these decisions may be very detrimental to the patient. For example, a patient who demands for a discharge, when it is evident that he or she will not receive the much needed care at home environment. Humanness against the rules that inform medical practice has equally poised a dilemma to the medics. This happens when, for instance, there repugnant regulations that may

Information Systems Has Revolutionized the Way We Work Essay

Information Systems Has Revolutionized the Way We Work - Essay Example The government employees and other officials that actively participate within the e-government program have also witnessed significant change in their work and delivery of services (Chadwick, 2006). The development of e-government framework and platforms has been necessitated by the need to improve citizen participation in government service delivery charter. The need for more citizen participation has been enhanced by the current democratization that has witnessed more and more citizens getting involved in the activities of their governments. The participation of citizens in the government activities occurs at different fronts and this has been necessitated by the current advancements in information systems (Axelsson & Melin, 2008). Most countries have implemented the e-participation program and this has improved the overall service delivery to the public. The first country to implement an e-government program was the United States, which worked towards developing a platform that it s citizens could interact by government officials at different levels. Other countries such as the United Kingdom and countries in Europe have also followed suit and integrated the applications of information systems into the programs (Farrell, 2011). The development of portal systems in the United Kingdom has been necessitated by the discovery of the internet and more advanced computer applications. Through the portal U in the country, government employees have been empowered on how to monitor environmental degradation from their workstations. This portal enables the workers to identify sectors of the economy with the highest greenhouse gas emission in the country and respond diligently. It also provides a platform for the public to register their concerns over the... This report stresses that information system has completely revolutionized the way we conduct business, interact with the government, do politics and search for jobs. Today the world is a one stop shop where at a dial of a button, an individual is connected to different people across the globe. Through the advancements in information systems, government has been opened for increased citizen participation in different aspects of government functionality. Information systems has also led to the advancement in the use of the internet which has provided room for the improvement in different business activities and communication between organizations and their consumers, business partners and suppliers. The development of information systems has significantly changed different avenues including how we deliver our jobs, live our lives and interact with our friends. However, this technology has produced insignificant revolutionary experience to how work is done generally. This paper makes a conclusion that despite the lack of revolutionary impact on the way we work and conduct businesses, information systems has significantly changed our lives and made work relatively easier. The speed of communication and the nature of conducting business transactions have been improved as compared to the years before its introduction. This paper has discussed how the advances in information systems have affected our lives and how it has advanced service delivery and citizen participation in e-governments.

MARKETING STRATEGY Essay Example | Topics and Well Written Essays - 1500 words

MARKETING STRATEGY - Essay Example The 2008 – 2009 has been one that has been underlined by the adverse effects of the credit crunch. It is at this time that interest rates hit an all time low level. To add to that, the retail customer savings stagnated and in other instances in point of fact more than dwindled. This is a demonstration on how the external environment can adversely affect a business. The credit crunch led to a calamitous fall in the banking image. As a result of these proceedings, retail and investment banking were the biggest causalities. Tough competition in the financial markets also underlies what players in the industry have to navigate through. But the existence of opportunities to grow presents a case for strategising in order to wrest market control or at the minimum remain relevant. The chance to improve does exist, but it all depends on the business leadership. It is for the leadership to take or ignore the opportunities. Growth in higher education is one such opportunity on which the bank should capitalise on. This has been one of the weak points of the bank; failure to expeditiously take up opportunities. Based on these issues, I would propose the diversification strategy in addressing the bank’s developmental agenda. This strategy promises to be the best vehicle for the Central National Bank if it harbours any ambitions of getting out of the mess in which it finds itself. Diversification can be achieved through the initiation of mergers, ventures into provision of new products, an alteration of the bank’s microeconomic policy among other aspects (Beamish and Ashford 2005). From the case study, it is revealed that much consolidation is taking place. This is being done through merging of businesses in the banking industry. A merger gives a company a big advantage because of sharing of several facilities and consequently gaining from the benefits that accrue to economies of large scale

Quality and Information Systems Strategies Essay

Quality and Information Systems Strategies - Essay Example In accordance with the above study, the ability of firms around the world to capture and interpret knowledge is depended on a series of factors; the size of the firm and its financial strength has been proved to be critical factors regarding the ability of a firm to manage knowledge throughout its departments. The various forms of knowledge within modern organizations can be observed in Figure 1 (Appendix) where these forms are set hierarchically in order for the importance to be identified. The effective management of knowledge in modern firms is crucial in order for the various strategic plans developed within a specific organization to be appropriate, i.e. to lead to the achievement of the targets set by the firm’s strategic management team. The above assumption is also supported by Steyn (2004) who stated that ‘successful organisations are knowledge-creating organisations, which produce, disseminate and embody new knowledge in new products and services’ (Steyn , 2004, 615). In other words, gathering, evaluation and distribution of knowledge across modern organization is a highly important part of the organizational activity supporting the development of strategic plans that are effective both in the short and the long term. For this reason, firms of all sizes have tried to establish IT systems that will be able to capture, evaluate and distribute the knowledge required for the ‘smooth’ development of all organizational activities as well as for the growth of the firm in the long term. Establishing the IS required for the development of corporate activities is a challenging task for all managers worldwide – no matter the size of the firm involved. Towards this direction, it is supported by Reid et al. (2004) that managers in modern organizations should have a ‘strategic foresight that can play a significant role in the long term success, or failure, of business

Restricted by cult of domesticity ideology Essay

Restricted by cult of domesticity ideology - Essay Example In 1848, feminists held the Seneca Falls Convention, led by such thinkers as Lucretia Mott, Susan B. Anthony, and Elizabeth Cady Stanton. In response to the cult of domesticity, this convention revised the Declaration of Independence into a Declaration of Sentiments, which contained a specific list of grievances held by women against men. This convention did not mark a sudden end to centuries of forced gender roles: in fact, 1950's television did much to usher in a newer era for the cult of domesticity, with its shows about model housewives who were able to vacuum, cook dinners, and handle minor household difficulties, all while smiling and wearing pearls. However, there is also a great deal of literature concerning the dissatisfied women that raised families under this line of thinking. Rebecca Harding Davis' novel Life in the Iron Mills and Frank McCourt's Angela's Ashes are two examples of works that explore the restrictions placed upon women by this cult of domesticity, using rhetorical devices and images richly to show the harm of this paradigm. Both stories parallel in their consideration of family roles, mutual obligations, and the ways in which gender expectations carry a heavy toll. The women that are central to the novel toil under the sway of men who are too boorish to notice the harm that the rules of domesticity are having on those around them. Both protagonists are men with blue-collar jobs, who come from families that have just entered the United States. Hugh is the main character of Life in the Iron Mills, a Welsh furnace worker, whose cousin, Deborah, secretly loves him. Davis uses a wealth of imagery to describe Hugh's life - his last name is Wolfe, which is suggestive of the primal forces that drive workers at the lowest end of the economic spectrum - and his routine seems to revolve around "eating rank pork and drinking molasses with occasional nights in jail for some drunken excess." Deborah, though, clearly suffers under the idea that the female is in charge of domestic affairs: after long days of picking cotton, she then is supposed to bring his meal the foundry every night, nursing a love that he is too self-involved to notice. The main character of Angela's Ashes is McCourt himself, as a young child who just has returned from the United States to Ireland, because life in America did not live up to its promise. Note the use of juxtaposition to describe his mother Angela, seen as "a pious defeated mother moaning by the fire." Three of the images (pious, mother, by the fire) could be seen as nurturing, positive images; however, the insertion of the words "defeated" and "moaning" in between those other images undermines the warmth of the domestic scene, showing the turmoil that rakes at Angela's soul. It is truly sad to see the depths to which Angela falls, because her connection with Frank's father began with an ill-fated "knee-trembler" (or sex against a wall, gaining its name from the couple "straining so hard their knees tremble with the excitement that's in it"(15). Of course, this one night of dissolution leaves Angela pregnant. If she had

Collapse of the Pension Schemes Case Study Example | Topics and Well Written Essays - 1250 words

Collapse of the Pension Schemes - Case Study Example The court did not oblige the government to provide for the compensation of all the victims. The Prime Minister stated that his government has already set up 1.8 billion pounds for its Financial Assistance Scheme. Even though he sympathized with them, the Prime Minister expressed that the solution should be affordable. He also expressed his concern over the decision which may hold the government always responsible for the collapse of any pension scheme which would mean billions of pounds exacted upon the government. Conservative leader David Cameron called for discussions among the government, opposition and representatives of the victims of the collapsed pension scheme to come with compensation packages. David Laws, Liberal Democrat Work and Pensions spokesman, expressed his intent to call for the amendment of the Pensions Bill so compensations could be provided. John Hutton, Work and Pensions Secretary of the Government, stated that he government would carefully consider the ombudsman's report. Society owes a big debt to the victims of collapsed pension schemes since these people have been paying taxes. Even though resources are limited, they still deserve help. The government has to set a good example by helping these hardworking people and think of creative ways to solve the pensions crisis. Henry Bradley and Bob Duncan expressed their delight over the decision. The Guardian: Pensions - Back to Basics John Benson, a victim of the collapsed pension scheme, was delighted over the decision of the high court after having suffered so much. All those affected are entitled to two kinds of justice- individual and social. The former concerns their right to receive pension because they paid their dues while the latter concerns the principle that people who have been working hard all their life are entitled to a decent living. The question of who is responsible and to what degree is still unclear even after the judgment but the court has ruled that the government is partly responsible for encouraging the people to invest in such schemes. The work and pensions secretary, John Hutton, is now responsible for the compensation of the affected person due to legal and humanitarian considerations PM Blair's concern regarding the ruling also deserves attention as it may provide the employer the opportunity to transfer the burden of compensation to the government. The government should see to it that the taxpayers are well informed about the repercussions of employers collapsing pension schemes even though it this possibility has already been minimized. Governments are still the only reliable form of material security. The Turner Commission report and the ruling recognize the role of the government in providing that security. On whether the government should compensate The dilemma that now faces us is whether the government should provide for the pension of its constituents who have become victims of collapsed pension schemes. It has been argued that these people deserve some form of compensation because they paid their dues and have been good taxpayers and it is therefore only right for them to be given what is due to them. If the government does take this responsibility, then

The United States Will Fall Like Rome Essay Example for Free

The United States Will Fall Like Rome Essay The United States is a powerful nation that is around 250 years old replicating that of Rome whose empire lasted 270 years. These empires have similar backgrounds regarding their foundation and governmental structures. The U.S. has a democracy that allows citizens to participate in the government while Rome’s republic acts the same way. Also, the United States’ legislative body is made up of Congress just like Rome who had a Senate. Some social pressures that occurred in Rome were the publics’ low confidence in the governing body of the empire. And finally, Inflation was an economic issue that contributed to the fall of Rome and is also occurring in the United States today. The social, economic and political contributions combined with Invasions by germanic tribes caused the final fall of Rome. The fate of the United States will mimic that of Rome in that social pressures, economic turmoil and political corruption will attribute to its demise. Social pressures are a major contributor as to why the U.S. will fall much like Rome. Rome’s Citizens started to show low confidence in Empire, much like what is happening in the U.S. now. Today, in the United States â€Å"sixty-five percent of American voters think the federal government is ‘broken’† (Blanton par1). The government is broken is up seven percentage points from fifty-eight percent two years ago. These percentages show the United States is losing much confidence in its government and is increasing over-time. Not only will the U.S. fall because of social pressures but also because of economic turmoil felt across the nation. Economic turmoil are a major contributor as to why the U.S. will fall much like Rome, inflation specifically. Inflation is an economic indicator that assesses the fall in purchasing power of currency. Usually, inflation is caused by an increase in the money supply, which leads to price increases.â€Å"In recent years there has been a steady increase in inflation rates† (U.S. Inflation). If inflation rates keep increasing so will the gap between the middle class and poor. The increasing of the gap between the middle class and poor is the reasoning for our society splitting up.Usually inflation is caused by an increase in the money supply, which leads to price increases. The lower classes will not be able to afford the price increases, the middle class most likely will thus causing the gap between the lower and middle class. Not only will the U.S. fall because of economic turmoil but also because of political corruption felt across the nation. Political corruption is a major contributor as to why the U.S. will fall much like Rome. Every year (CREW) releases a list of the most corrupt members in Congress.Rob Andrews earmarked federal funds for his wifes employer and also used his campaign money for personal expenses(Hickey par 8). The amount of betrayal that occurs in our government proves the U.S. citizens cant trust the political members in the U.S. government. Without confidence in our government the U.S is sure to fall. The social, economic and political contributions combined with Invasions by germanic tribes caused the final fall of Rome. The fate of the United States will mimic that of Rome in that social pressures, economic turmoil. In conclusion the final blow to the fall of the U.S. will be invasions from North Korea and their alliances..One can only assume that if North Korea develops nuclear weapons the South Koreans wont stand idly by,(Rogers par 6). With the technology that North Korea has such as nuclear missiles proves the U.S. will stand no chance against North Korea, the United States will fall.

Blue Shield Health Insurance Essay Example for Free

Blue Shield Health Insurance Essay The Blue Cross and Blue Shield Association (BCBSA) serves independent local Blue Cross and Blue Shield companies as its trade association. The BCBSA is one of the nation’s oldest and biggest health benefits company, widely recognized in the health insurance industry, given its 800 strong employee strength, across 39 companies in Chicago and Washington D. C. BCBSA companies together cover about 98 million people or about every one in three Americans. The reach and spread of the BCBSA is really immense covering all 50 states and the District of Columbia, in contract with over 90% of the hospitals and 80% of physicians. The products serviced by BCBSA covers individuals to small and large employers, ensuring coverage to all citizens. Through its several unprecedented and innovative schemes, Blue Cross and Blue Shield Association tries to bring healthcare insurance to all people providing hope and security to everyone. The Blue Cross and Blue Shield Association is an insurance provider covering healthcare for more than 98 millions, nearly one in three Americans. Healthcare insurance is a must for everyone. It is necessary to keep the economy going and growing because once the people are covered under some healthcare insurance, their medical needs are adequately taken care of, which makes their productivity go up because better health obviously results in better work performance. If the concept of insurance were not Blue Cross and Blue Shield 3 there, then every individual would have had to save a huge amount of money as reserve to cover some unforeseen or unexpected calamities. Healthcare is one aspect which can never be compromised. With the mounting medical expenses, people without a healthcare insurance can just not afford to avail proper preventive and therapeutic treatment. With the cost of medical services growing by leaps and bounds, healthcare insurance is imperative for one and all. Healthcare insurance company also stands to benefit because when they are likely to pay more in claims than what they get in premiums, a hike in the premium is anticipated. Under the employer-sponsored healthcare insurance, the employer spends roughly five times more than what the employee contributes. But the increasing medical costs have a great impact on the employers who have to pay out huge sums as premiums for their employees. From 1998 to 2003, there was a national increase of 42% in individual premiums after adjustments made with regard to inflation. With the increase in medical costs, employees are forced to contribute a sizable amount towards their coverage, so they opt to stay away from the job-based health insurance plans. The employers depend more on part-time and contract workers who are often not eligible for coverage. So fewer people access employer-paid healthcare insurance. The job instability too contributes in the steady increase of the number of uninsured people. And then there are some firms, which do not provide health insurance to their employees. With the shooting medical expenses, it is difficult for people to go for healthcare coverage, as the premiums are high. This leaves them uninsured, which again has drastic effects affecting Blue Cross and Blue Shield 4 both the people and the company. So, healthcare insurance has now become something that people can neither do with nor do without it. To combat this scenario, Blue Cross and Blue Shield Association brings various new schemes taking into consideration the needs of every individual. With no insurance and with the exorbitant medical expenses, the health care of the people is greatly compromised. They go in for lesser preventive care with the result diseases get out of hand before they are diagnosed, and even when diagnosed, the treatment costs are so huge that the therapeutic care is compromised. With no insurance, people are expected to pay up-front for the medical services and so they defer medical care except when it is life threatening. This also affects the government because it has to cater to the medical needs of the uninsured, which has a terrible impact on the economy because the expenses of the emergency department is much higher than in the outpatient clinics, and the conditions are often those that could have been averted or postponed with preventive care. Proper health insurance package is the icing on the cake. The medical expenses are so much that healthcare insurance acts as a major deciding factor when people seek jobs. With the ever-increasing medical expenses, every individual has to be insured medically so that they can avail the needed healthcare. But with the increased insurance premiums, the number of uninsured people is on the high. Furthermore, insurances have too many exclusions like certain drugs not being covered, certain Blue Cross and Blue Shield 5 procedures not being covered and the like, which again discourages people from being insured, which is detrimental to the citizens as well as the country at large. Even with insurance, the prospects of the people losing their jobs and thereby their insurances is there. There definitely have to be changes in the system so that every individual could be worked into the health insurance plan. The view of Blue Cross and Blue Shield Association president and CEO Scott P Serota testifies this â€Å"With such divergent political ideologies, it is unprecedented for these groups to have a joint agreement. Helping the millions of Americans who do not have health insurance is an issue that needs to transcend politics and partisanship, and that is why we worked together to give Congress a starting point that we can all support. † The 2005 data shows that one in seven American was uninsured thus depriving them of basic healthcare. The Institute of Medicine has that approximately 18,000 die every year of diseases that could have either been treated or prevented had they had health coverage. Lack of insurance prevents people leading a quality life, and it also brings down their productivity because of their recurrent ailments. The first annual National Walk @ Lunch Day to be held on Wednesday, April 18, 2007, by BCBSA (Blue Cross and Blue Shield Association) will definitely bring about an awareness among people about the need for an active lifestyle, which obviously would usher in better health. Unlike the usual health insurance companies, Blue cross and Blues Shield Association design innovative schemes to match the diversified requirement of the market. It does a Blue Cross Blue shield 6 lot of activity to keep the competition at bay. Even though profit making is the main objective in any organization, Blue cross and Blues Shield Association takes care that it does not become the sole objective. A paradigm shift in this regard is obvious by the mere existence of CareFirst, the non profit health care company which provides health insurance products and administrative services. In the current scenario where the number of uninsured people is on the rise, Blue cross and Blues Shield Association has to be applauded for its efforts in trying to bring the maximum people under the healthcare insurance cover. REFERENCES www. nchc. org www. bcbs. com www. money. cnn. com

Share Repurchases in the US, UK, France and Germany

Share Repurchases in the US, UK, France and Germany 1. Introduction: The market system in the UK and the US has emphasized the role of the stock market in the Anglo-American capitalist system. Shares and bonds have become very common tools of investment in the capital system. Investors buy shares and bonds in the hope of getting capital gains plus income from their investments. Shares offer investors capital gains/losses and dividends, share are very attractive investment tools for people who are prepared to risk their principle and get less than the amount that they have invested. Bonds offer limited return on investments, Bonds offer investors the same principle. Financial managers usually pay off their shareholders using two methods: Dividends: dividends are share of the capital that investors receive in return for investing their money in the company.   Share repurchase/buyback: some financial managers choose to buyback the shares of the company if they feel that they company’s shares are undervalued, buying part of the shares will boost the remaining outstanding share prices. Over the last twenty five years, companies have become less prone to distribute funds to shareholders. This noticeable increase in dividends is accompanies by share repurchases in the US. Since Margaret Thatcher came to the power in the UK, the United Kingdom has adapted a very similar economic path to the US. These developments in the US have been followed by very similar developments in the UK. British companies are trying to concentrate on share buyback rather than pay dividends. In this assignment, we will try to find out why companies are heading towards share buyback. 2. What determines the payout policy of the company?: Miller and Modigliani (1961) were the first two scientists to challenge that fact that high dividends payout leads to higher value of a company. It is apparent that companies’ payout policy does not affect the value of the company. The reason that made Miller and Modigliani think that the payout policy of the firm does not affect the value of the firm is that fact that in a frictionless economy investors could make their decisions rationally with no or minimum stochastic factors. Investors will be able to see that distributing too much dividends means that the company is missing investment opportunities and that its future cash flows will be substantially less than now. While if the company retained its earnings in order to invest into projects, investors will think that the company has over invested and so that the return on its capital will be substantially less than the market average. Miller and Modigliani thought that companies could not create the impression that they are better than what they are in reality. For several reasons, there are many people nowadays that do not believe in Miller and Modigliani, one of the possible reasons for that is the fact that financial markets are not frictionless and investors are not totally rational. In the financial markets, there are many short-sighted investors that prefer to get profit as soon as possible without paying any real value to the future cash flow of the firm. But the supporter of Miller and Modigliani argue that institutional investors watch the payout policy of the firm very carefully and analyze the activities of the firm in a very good way so institutional investors do know the value of the firm exactly. Although Miller and Modigliani do not see any difference in the value of the firm no matter what payout policy the firm follows; there are many people who think that having high payout policy is much better than retaining funds because high payout policy attracts institutional investors who are able to monitor the company and give a more precise valuation to the value of the company and its credit quality. Trojanowski, G(2004) thinks that the company is really in typical type I error and type II error dilemma, if the company adapted high payout policy towards so it became cash constraint the company might miss profitable investment opportunity( type II error), but if the company retained cash and invested in unprofitable projects this will be type I error. Trojanowski, G(2004) thinks that this high payout policy is considered the price that should be paid to institutional investors in order to get things right and be able to give precise valuation to the company. There are several factors that determine the payout policy of a firm; we can summarize these factors as: Valuation of the company’s value, taxes, information asymmetries and contract incompleteness. 2.1 Valuation of the Firm’s shares: The value of the firm itself play a substantial role in the payout policy for any company, if the firm’s shares are undervalued, companies’ tend to buyback their share prices in order to make use of the undervalued share price, this will improve the share price and encourage investors to invest more in the shares of the particular company. Share buyback play the merger acquisition impact on share prices, in the case of merger and acquisition, a company comes forward to buy the shares of an undervalued company, this normally leads to a hike in the share prices of both companies. In the case of share buyback, the company itself comes forward to buy its own shares, this leads as well to a hike in the share price.   The rise in share prices resulting from share repurchases will make it more difficult to other companies to buy the shares of the undervalued company because buying the shares of the undervalued company will require additional premium. The success of the share buyback process is directly related to the number of investors who come forward to sell their shares. The number of investors who come forward to sell their shares is related to the price at which the shares were bought. If the price of the bought shares was high and then fell dramatically, the buyback process will not be enough to compensate for the full loss of the invested money; Investors will rather prefer to change the management and hold it accountable for the poor results of the company.    If the fall in the price of the shares was modest and share buyback compensated the loss that investors have incurred and/or made capital gains, many investors will prefer to sell their shares and that is how the buyback process becomes successful. 2.2 Tax: According to Miller and Modigliani (1961): dividends do not affect the value of the firm: This result is based on many assumptions: taxes,   The tax system of any country will affect the payout policy of most of the companies in the world. The research that has been done on this issue refers to two facts: The first one is that companies tend to change their payout policy if the tax law changed. The second one is that: according to Kalay (1982) and Stiglitz, J, E (1983) individual investors do rebalance their portfolios quickly enough in response to tax law changes; this school of thought thinks that investors always try to follow tax avoidance strategies in order to maximize their wealth by â€Å"dividend laundering† In other words, investors will try to put pressure on their company in order to pay them in the most tax efficient way that maximizes their wealth and the value of the company. Share repurchases are very attractive way of distributing the profits of the company because they could happen at any time of the year; investors try to put pressure on the company to choose a suitable time for most of them. Share repurchases give investors the flexibility and the choice in participations, investors might choose to participate in the share repurchase if they feel that their overall tax liabilities will become less. Investors could defer their tax payments to make their own decision of when to sell in order to maximize their total wealth. Of course, shareholders can sell their shares in the market if they want cash as a tax Advantaged substitute for either share repurchases or cash dividends. In the law, the tax paid on capital gains is deferred until the shares are sold whereas any income tax on dividends is paid annually. The deferral of the capital gains tax reduces its present value. Broadly speaking dividends in the UK enjoy a less favourable tax regime than share repurchases which may give rise to something of a Dividend Policy Puzzle. Although dividends do not enjoy the same tax treatment that share repurchases have, most of the companies in the UK are still paying dividends because most of the investors are tax-exempt and companies listen to their shareholders in the UK. This point will be researched in more detail in the coming sections 2.3 Financial Structure: When companies decide to buyback their shares, they change their financial structure. Share buyback is accompanied with significant debt/equity ratio. Share repurchase does not only reduce equity but also increases debt. The leverage ratio will increase after the buyback period. The financial structure of the company has a profound impact on the payout policy. In order to understand how the financial structure affects the payout policy we need to understand the concept pf â€Å"block holders†. Block Holders are few numbers of investors who own the majority of the shares of the company. The economic literature is increasingly enforcing the fact that block holders could play a positive role in monitoring the performance of the companies that they invest in because they have a big interest in preserving and growing the capital that they have invested. Unlike small investors, block holders power is very important in keeping the management of the company doing the best it can in order to maximize the wealth of the shareholders. When companies use share buyback, it is expected that minority shareholders will sell their shares to the issuing company and not the block holders.    When that happens, small shareholders numbers will decrease and there power will be less. This will open the door for bloke shareholders to use their power in imposing what they want without listening to the minority shareholders who have less power in the board room than bloke shareholder. In that sense, we can say that changing the financial structure of the company can have a negative impact on the minority shareholders who choose to sell some of their shares to the issuing company. In many countries such as Germany, France, Italy and Hong Kong, the volume of shares to be repurchased must not exceed 10% of total shares outstanding. Firms from such countries can therefore not use repurchase programs to increase their debt-to-capital ratio dramatically and to transfer value from debt holders to shareholders. 2.4 Cash Flow: Public companies have shares that could be traded on the stock exchange, as illustrated above; investors expect return on their investments in the shape of dividends. If the company did not meet investors’ expectations, share prices will go down. Share buyback happens when the company has cash that is in excess of the company’s needs. If the company cannot pay its investors good return on their investments, it is better to return the money to the investors in the shape of share buyback. Jagannathan, Stephens and Weisbach (2000) showed that companies with excessive operating cash flows tend to distribute dividends while companies with limited operating cash flow tend to repurchase their shares. Companies with temporary excessive cash flow tend to repurchase its shares in order to distribute the excess cash flow. Companies with temporary excess cash flow tend to distribute its excess cash because the company wants to smooth its dividends policy, it is not in the company’s best interests to increase the volatility of its dividends because dividends are very important signaling tools that the market use in valuing the shares of the company, when dividends increase because of temporary excess cash and them decrease later one, share prices will become volatile and investors will try to avoid the shares of that particular company. 2.5 Agency Problem: The industrial revolution has contributed significantly to the separation of management from ownership. There is a constant crisis of trust between management and the shareholders of any public company. Under perfect conditions, the management is supposed to be working for the best interests of the shareholders, but what happens in reality is something different, the management is constantly trying to maximize its own benefits and wealth on the expense of the shareholders. The relationship between management and shareholders is not always a cooperative relationship; the relationship might well prove to be a competitive relationship.   Managers and company directors might misuse the funds of the shareholders; directors might use the money of the shareholders in increasing their salaries, pensions and other allowances instead of paying this money to the shareholders in the form of dividends or share buyback. When company directors choose to use the excess funds that they have in buying back the shares of the investors or in other words returning their money, the trust between the investors and the company directors increases significantly. Share buyback proves that there is a wise management in that particular organization; investors will see this move as maintenance to the resources of the investors. Company directors that choose to invest the excess cash that they have in non-profitable projects will be seen in the financial markets as not reliable; investors will know that the top management of that company is not sound.  Ã‚   Some school of thoughts claim that share buybacks are bad for the minority shareholders if they are not accompanied with the selling of the shares of the directors. The reason for that is the fact that company directors own shares and share options in the company and if the company made a share buyback, the share of directors and managers in the company will increase and this will open the door for possible misuses. Many economists recommend that share buyback has to be accompanied by the selling of the shares of the directors in order to keep a sound management system in the corporation, Siu, J Weston, F(2002). Finally, Share repurchases can violate the interests of the last majority of uninformed shareholders when only inside shareholders have information about the exact timing of repurchase transactions and the amount that the issuing company will purchase. Insiders could use that knowledge to dispose of their shares at a higher price than under normal market conditions, IKENBERRY/VERMAELEN 1996. This illegal action would cause a wealth transfer from outside shareholders to inside shareholders and if anticipated by outside shareholders should lead to a negative announcement effect. 2.6 Signaling: Share buyback are used a signaling tool, dividends convey information about the future cash flow of the company. Motivations are normally in line with shareholders’ interests; this includes the attempt by management to convey to investors that the true value of their corporation’s equity exceeds its current market value. Such a signal might be based on management’s believe that the true mean of the probability distribution of the firm’s future cash flows is actually higher than perceived by the market or alternatively, that the true variance of future returns is higher than expected, holding the distribution mean constant, DANN (1981) We have two cases depending on the prices of the financial assets of the company:    In the first case, all of the firm’s risky securities appear to be undervalued. In the latter case, only equity claims appear to be undervalued, whereas claims in the form of risky debt might in fact be overvalued. Share repurchases could actually lead to a re-distribution of debt holders’ wealth to the benefit of shareholders. It is typically assumed that insiders which are the company’s management and directors know a lot more information about the company’s cash flow situation than insiders. However, any straight public announcement by the board of directors that it considers its firm’s shares to be undervalued generally lacks credibility because there might be other hidden motives to the management. Outside investors cannot distinguish between true and misleading announcements because they do not have all the information about the company. They will perceive of all undervaluation announcements as try to hide the truth about share repurchases unless the company produces evidence that undervaluation is the real motivation for share repurchases.    Share repurchase announcements cause two types of costs to overvalued firms. Firstly, firms that repurchase overvalued shares must understand that the share price will decline to its true intrinsic value as soon as possible, so that the company would have paid too much for its shares. Secondly, firms that announce to repurchase shares but then decide not to do so might see their general reputation for honest capital market communication deteriorate because the company’s public relations status with the company will be shaken. Depending on the legal and regulatory restrictions for share repurchase programs, such firms also risk that authorities initiate investigations of price manipulation. Given these potential costs, share repurchase announcements can be used as a clear signal to enhance the reputation and the credibility of an undervaluation signal. Such credible signals should then lead to an appreciation in stock price and benefit the investors who are welling to sell their shares. Share buyback will convey a message to investors that the company has few good projects (NPV Share buyback indicate that the financial situation of the company is not strong enough in order to meet the expectations of the investors. When the company chooses to pay its investors by distributing dividends, it gives the signal that it has many good projects (NPV>0), and the company believes that it could create capital gains to investors without seeking refuge to share buyback. 2.7 Employee incentive plans: The company might seek to purchase its own shares in order to finance its employee incentive plans. In the current capitalist system, many companies realized that empowering employees is the best way to align the interests of the employees with the interest of the company. Through the history, the management and the employees were always at odds and that caused many strikes and struggle within the company. Many companies found out that the future organizations of the companies should depend on giving employees the initiative and turning them into an asset rather than looking at them as a liability or an expense. This process has been triggered by the introduction of new technologies that enabled top managements to cut the middle management and give the authorities of the middle management to the employees that the technology will help them to perform their tasks in a more efficient way without the direct supervision of the middle management. This process could not be achieved without giving employees shares in the company and make them real partners in the organizations. When employees get share of the profit they will work harder than before and that will benefit the whole organization and the society. Share repurchases are one of the best ways to turn the employees into an asset since share repurchases happen when the share price is relatively cheap, share repurchases provide a very cheap way to finance the employee share scheme and create a wholly new organization that depends on mutual trust between management and employees rather than struggle between them. 2.8 Convertible bonds execution: Convertible bonds are defined as bonds that pay a regular coupon for their buyer, the price of bonds will depend on two main things: interest rates and credit quality of the issuer. Convertible bonds combine the feature of bonds and shares at the same time. We all know that companies give their investors the option to convert their bonds into common shares at any time they want in order to make their bonds more attractive to investors and give investors the flexibility in choosing the investment tools that they foresee suitable to their investment strategy. We all know that shares and bonds are two different products that offer two different profit and loss opportunities. Most of the times, shares and bonds markets work at odds. When interest rates are low share prices seem to be a better investment opportunity than bonds because they offer better return on investment. When interest rates are high bonds seem to be a better investment opportunity than shares because they offer better return on capital. Many companies encourage investors to invest with them by giving them the option( this option is called call option) to convert their bonds to shares. When the company has a shortage of shares the company will have to buy them directly from the market in order to meet its investor’s requirements of converting bonds into shares. 2.9 Trade shares: Trading shares might be the motive for share repurchases in the UK and elsewhere in the developed world. When the market is depressed and the share prices reflect less than their fair value many companies will resort to buying their own shares in order to sell them later at a higher price. When big companies believe that their shares are under-estimated, they invest the excess cash that they have in themselves in order to encourage more investors to buy their shares and when the market prices of the shares goes up the issuing companies will resell them at profit. Investors will benefit from this share repurchase by two ways: Investors will be able to sell some of their shares at higher price and make profit from that. Investors will benefit from the higher dividends that their company will pay them as a result of re-selling the shares at higher price.     Ã‚  Ã‚   Share repurchase might aim as well to reduce the volatility of the share and stabilize its price. Share trading s not as easy as it might seem, there are regulations that govern the ability of the company to buy/sell its own stocks. 2.10 Destroy shares: There are two reasons to destroying shares: The first one is to change the ownership structure and the second one is to increase the wealth of the shareholders. Change the ownership structure: When the company buys its own shares in order to destroy them, it destroy with the shares the voting right, we all know that owning one share means owning one vote, this means that destroying one share means destroying one vote. According to Pindur, D Lucke, M (no date given) the management might find it very cost effective to have homogenous shareholders rather than heterogeneous shareholders, that’s why the company offers share repurchases and destroys shares. In that case, the company will offer investors what is called a â€Å"controlled premium†, which is a premium that is paid above the market price in order to lure investors to sell their shares. Wealth creation for investors: The best measure to wealth creation is the Economic Value Added; Economic Value Added is defined as the operating after tax profit minus a charge for the opportunity cost of the invested capital. When the company wants to maximize its shareholders wealth by buying and destroying the shares directly from the market the company will resort to the following measures: Decrease the weighted average cost of capital (WACC): we all know that the weighted average cost of capital depends on two major elements which are shares and bonds: the average cost of bonds is the interest rate that is paid to the bondholder, the average cost of shares will depend on the risk premium that is required by shareholders to compensate them for the risk of losing their invested principle; when the company buys its own stock it reduces the weight of equity in the mix of capital, so the weighted average cost of capital will be less and that is how the wealth of the shareholders will increase if the company bought the shares from the market and destroyed them; reducing the weighted average cost of capital means that producing the same profits or more with less costs of capital, this is a real sign of improvement in the situation of the company, the issuing company has to be careful that reducing the number of outstanding shares might mean that share prices will go up in ord er to satisfy the demand on the shares of the company, especially when shares get less, the dividends get better, this might increase the demand on shares, that is why management is always advised to reduce the amount of shares and debt in the same percentage in order to leave prices of shares and bonds relatively stable, the opposition to share buyback comes from debt holders especially those with unsecured debt, the reason for that is the fact that when shares decreases this means that capital has decreased and this means that if the company went bankrupt there will be no enough capital to cover the value of the debt, while shareholders will be the least losers from bankruptcy, again that is another reason why companies are advised to buy shares and bonds at the same time and keep its leverage ratio stable during the time, A third and final reason for advising companies to buy shares and bonds at the same time is the reason that many companies offer convertible bonds which could b e converted at any time to certain number of shares, if the company did not buy shares and bonds at the same time and share prices went up, convertible bond investors might find it more profitable to convert their bonds to shares and in this situation the company will find itself in front of two options the first one wither buying more shares to convertible bond investors from the market and that would mean paying high prices for them or issuing new shares again and that would make share repurchases pointless. Increase the return on invested capital (ROIC): this idea is very related to what we explained before about type I error and type II error, in other words the company will take decisions regarding the best investment opportunities that are available, it is assumed that the company will select the projects that maximize the return on invested capital and return the excess cash to the investors in the shape of share repurchases, this process will maximize the return on equity to the maximum, we all know that the marginal propensity to capital will increase rapidly at the beginning of the investment and after that the amount of increase will de-accelerate until it the marginal propensity to capital reaches zero and then it starts to decline.  Ã‚     Ã‚  Ã‚   Increase the growth rate: when the right amount of capital has been allocated to the most profitable projects the growth rate of the company should be maximum. 2.11 Legislative reasons: Sometimes companies in a particular country find very difficult to repurchase their stocks even if there is tax benefit from repurchasing the stock rather than distributing dividends. In the US for example, companies did not repurchase their shares until after the mid-eighties. According to Grullon, G Michaely, R(2000:PDF page 5), one of the possible reasons for that is â€Å"the risk of violating the anti-manipulative provisions of the Securities Exchange Act of 1934, Indeed, after the SEC adopted a safe–harbor rule (Rule 10b-18) in 1982 that guarantees that, under certain conditions, this agency will not file manipulation charges against companies repurchasing shares on the open market, repurchase activity experienced an upward structural shift†. Grullon, G Michaely, R(2000) says that one year after the change of the SEC rule the amount of earnings that have been distributed as share repurchases tripled. In Germany for example, share repurchases are still very difficult because they need the approval of the shareholders that should be got in the Annual General Meeting. We can see clearly that regulation is a very important too in encouraging and discouraging share repurchases. 2.12 Dilute earnings: Many analysts think that share options have helped in aliening the directors’ interests with the interests of the shareholders but few people investigated how stock options change the behavior and choice of directors to distributing earnings.    There is increasing evidence that executive compensation that is usually granted in the form of stock option has a lot to do with share repurchases in the UK and the US. Accounting rules make compulsory on companies to reflect the value of the stock options that are given to directors and managers. We all know that writing an option on the shares of the company is equivalent to increasing the number of the outstanding shares. When company directors want to exercise their options, there need to acquire actual shares of the company and that would make Earnings per Share less for everybody; that is called â€Å"diluting the earnings†. Earnings per Share are the total earnings divided by the number of outstanding common shares and common shares equivalents. When earnings per share become actually less; the company will try to repurchase the shares from the market. Earnings per share will not only be less but also will cause a decline in share prices later on because EPS is used in valuing the shares. The cash that is actually used to repurchase the shares will not be deducted from the total earnings and that the company will keep its total earnings unchanged after the repurchase of the shares from the market. In order to illustrate this point further, there is a difference between EPS and diluted EPS. Diluted EPS is the total earnings of the company subtracted from the cost of share options and warrants divided by the number of outstanding common shares and equivalents. When analysts value shares they look at EPS but not diluted EPS. After share repurchases, EPS will be the same as before share repurchase EPS. So companies try to repurchase their own shares because they try to hideout the cost of share option costs. If we look at the empirical studies that have been done in this area we find that most of the studies found a correlation between stock repurchases and executive’s share options. According to Lambert, Lanen, and Larcker (1989), Option grants in general are associated with increased payouts and decreased earnings retention. The larger is the executives’ holding of stock options, the more apt the firm is to retain more earnings and curtail cash distributions. This finding is consistent with Fenn and Liang (2000) that   there is a well-documented finding of negative relationship between dividends and managerial stock options and. The relationship does not appear to be explained by differe

To Kill A Mockingbird Essay: Parallels and Differences -- Kill Mockin

To Kill a Mockingbird:   Parallels and Differences  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Jill McCorkle's Ferris Beach, a contemporary novel, shares numerous characteristics with Harper Lee's To Kill a Mockingbird, a novel written in the 1960's. Like To Kill a Mockingbird, McCorkle's novel documents the life of a young girl in a small southern town. The two narrators, Kate Burns and Scout Finch, endure difficult encounters. A study of these main characters reveals the parallels and differences of the two novels. Jill McCorkle duplicates character similarities and rape from Lee's To Kill a Mockingbird to show the reader how young girls think and develop. People throughout the world consider America the supreme country in terms of freedom. As a result of this assumption, many countries attempt to model their culture after the United States. The idea of imitating a successful organization or product exists in literature as well. Many authors write pieces of literature that modify other works they have previously read. Jill McCorkle's Ferris Beach, a contemporary novel, shares numerous characteristics with Harper Lee's To Kill a Mockingbird, a novel written in the 1960's. Like To Kill a Mockingbird, McCorkle's novel documents the life of a young girl in a small southern town. The two narrators, Kate Burns and Scout Finch, endure difficult encounters. A study of these main characters reveals the parallels and differences of the two novels. Jill McCorkle duplicates character similarities and rape from Lee's To Kill a Mockingbird to show the reader how young girls think and develop. In To Kill a Mockingbird, Scout Finch represents a young southern tomboy who strives to find her identity. The adults in her town of Maycomb... ... establish a critical view towards human eccentricities.       Ferris Beach accurately extends themes of To Kill a Mockingbird and develops them in interesting ways. The incorporation of the nicknames Scout and Kitty, as well as Boo and Mr. Radley, proves Lee imposes a significant influence on McCorkle's literature. However, the author gives her main character different characteristics and encourages her to react to situations in mature fashions. Kitty's description of Mr. Radley does not seem nearly as fantastic as Scout's evaluation of Boo Radley. Similarly, the two young girls react differently to their experiences with rape. The different weaknesses Scout and Kitty share increases their ability to handle more complex situations. Jill McCorkle extends Harper Lee's themes to explore various aspects of young females and their livelihood.   

History Guidelines :: essays research papers fc

When you read an elementary or high school history book you get the same general idea. In 1492 Christopher Columbus sailed the ocean blue. These books have to follow the standards called National History Guidelines. Should we change these guidelines to reveal the not so hidden facts about history?   Ã‚  Ã‚  Ã‚  Ã‚  This topic is very controversial. There are many reasons why and why not we should teach by the History Guidelines. Using them means controlling children’s minds, however without them we could raise new topics in history and re-educate teachers.   Ã‚  Ã‚  Ã‚  Ã‚  How do you control someone’s thinking? Actually I feel that you can’t. If you control the knowledge that you teach someone you can impose one point of view of the way you want him or her to see it. It is a very important observation that if you can control history, if you can decide what’s in people’s history and what is left out, you can order their thinking (Hulot 07). The people who can accomplish this can and will control what you know about the past and your knowledge in your future.   Ã‚  Ã‚  Ã‚  Ã‚  It is true that we can’t sometimes control history, but we have the power to educate youths about the hidden truth so they may become more independent thinkers.   Ã‚  Ã‚  Ã‚  Ã‚  Imagine a child to become an independent thinker. Wow. Imagine how many more Martin Luther King’s, and Thomas Paine’s their would be in the future. After all they did have a distorted picture of America and knew about the hidden facts.   Ã‚  Ã‚  Ã‚  Ã‚  Let’s just take one point in history and imagine it eas taught without these guidelines. Right now you probably believe that to celebrate Columbus Day is patriotic. To doubt Columbus Day would be unpatriotic (Zinn 07). With the way youth thinks is in 1492 Columbus sailed the ocean blue. This story is about as complete as Swiss cheese. This is because hidden facts are not mentioned in these guidelines. When people celebrate Columbus Day your celebrating the discovery of America, his progress of maritime exploration, and a very religious man conquering in the name of God.   Ã‚  Ã‚  Ã‚  Ã‚  If you believe that the above is true than you have also fallen into these guideline traps. A schoolteacher in Oregon has undertaking a crusade to change the way the Columbus story is taught. He tells how he starts a new history class about Columbus. He goes iver to a girl in the front row and takes her purse.

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