Delhi Value Added Tax (Amendment) Rules, 2010 - No. F. 3(27)/Fin (T & E)/2009-10/JS Fin/195 - Delhi Value Added Tax

Delhi Value Added Tax (Amendment) Rules, 2010

FINANCE (T&E) DEPARTMENT

NOTIFICATION

Delhi, the 17th March, 2010

No. F. 3(27)/Fin (T & E)/2009-10/JS Fin/195. - In exercise of the powers conferred by Section 102 of the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of 2005), the Lt. Governor of the National Capital Territory of Delhi, hereby, makes the following rules to further amend the Delhi Value Added Tax Rules. 2005, namely:-

RULES

1. Short title and commencement. - (1) These rules may be called the Delhi Value Added Tax (Amendment) Rules, 2010.

(2) They shall come into force on the date of notification in Delhi Gazette.

2. Amendment of Rule 7. - In the Delhi Value Added Tax Rules, 2005 (hereinafter referred to as "the Principal Rules"), in rule 7, in sub-rule (1),-

(i) for clause (b) of the following clause shall be substituted, namely:-

"(b) in the ease of goods specified in the Third Schedule - 40 per cent"

(ii) alter clause (d), the following clause shall he inserted, namely:-

"(e) declared goods, as defined from time to time in Section 14 of the Central Sales Tax Act, 1956 (74 of 1956) - 50%."

3. Amendment in Form DVAT-16. - In the Principal Rules, in the Form DVAT-16 appended therein,-

(i) after entries in row R 5.2 and before the entries in row R 5.3 the following row shall be inserted namely:-

"R 5.2(1l) Goods taxable at 5%';

(ii) in row R 5.7, after the words "exempted sale", the words "other deduction claimed be inserted;

(iii) after entries in row R 6.2, the following rows shall be inserted namely:-

"R 6.2(1) Goods taxable at 1%

R 6.2(2) Goods taxable at 4%

R 6.2(3) Goods taxable at 5%

R 6.2(4) Goods taxable at 12.5%

R 6.2(5) Goods taxable at 20%

R 6.2(6) Works Contract taxable at 4%

R 6.2(7) Works Contract taxable at 12.5%

R 6.2(8) Exempted purchase"

(iv) For the words "Balance brought forward from line R 8" occurring above row R 9.1, the following entry shall be substituted, namely:-

"R 9.0 Balance brought forward from line R 8 (Positive value of R 8)"

(v) after row R11.7, the following row shall be inserted, namely:-

"R 11.7(1) Exempted sale/purchase including High Sea Sale etc."

(vi) after instruction 5, the following instruction shall he added, namely:-

"6. Attach copy of month-wise summary of Sale and Purchase registers maintained in Form DVAT- 30 & 31 in the format appended at Annexure-2A & 2B. This should he reported dealer wise instead of bill & date wise. Sale/purchase made from un-registered dealers may be reported in one row for a month.

7. Dealers having tax period other than a month should report the sale/purchase summary month-wise.

8. Works Contractors should report gross sale turnover during the tax period including labour, services and consumable in the return and claim exemption for service charges etc. by mentioning it under item R 5.7."

4. In the Principal Rules, in the Form DVAT-16 appended, in Annexure after row A 3.14, following rows shall he inserted, namely:-

"3.15 Reduction in Input Tax Credit due to sale of goods at price lower than the purchase price {section 10(5)].

A 3.16 Second or third instalment of balance tax credit on capital goods [section 9(9)(a)].

A 3.17 Opening Stock

A 3.18 Closing Stock"