Delhi VAT (Amendment) Rules, 2012 – Insertion of 6A, 7, 7A, 42A and amendment of Form DVAT 16, 17, 20, 30 and 31. - 3(23)/Fin(Rev-I)/2011-12/DSIII/68 - Delhi Value Added Tax

(TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI FINANCE (REVENUE-I) DEPARTMENT DELHI SACHIVALAYA, I.P. ESTATE : NEW DELHI-110002 No.F.3(23)/Fin(Rev-I)/2011-12/DSIII/68 Dated : 27.01.2012 NOTIFICATION No.F.3(23)/Fin(Rev-I)/2011-12/ - 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 further to 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, 2012. (2) They shall come into force on the date of their publication in Delhi Gazette. 2. Amendment of rule 6A In the Delhi Value Added Tax Rules, 2005 (hereinafter referred to as the principal Rules), sub-rule (1) of rule 6A shall be omitted. 3. Amendment of rule 7 In the principal Rules, in rule 7, in sub-rule (1), the clause (e), shall be omitted. 4. Amendment of rule 7A In the principal Rules, in rule 7A, in the first proviso, in clause (iv), for the figure and word 4 percent , the figure and word 5 percent shall be substituted. 5. Insertion of new rule 42A In the principal Rules, after rule 42, the following rule shall be inserted, namely:- 42A Gross turnover limit for accounts to be audited A dealer whose gross turnover in a year exceeds the prescribed limit as fixed for the purpose, under section 44AB of the Income Tax Act, 1961 as amended from time to time or any other law substituting the Act, he shall get his accounts of such year audited by an accountant, as per the provisions of section 49 . 6. Amendment of Form DVAT 16 In the principal Rules, in Form DVAT 16 (i) in row R6, after sub-row R6.2(8), the following shall be inserted, namely:- R6.2(9) Purchases from Unregistered dealers (ii) in the Annexure, in row A3, sub-row A3.17 and sub-row A3.18 shall be omitted. (iii) for Annexure 2A and Annexure 2B, the following shall be substituted, namely:- Annexure - 2A (See instruction 6) SUMMARY OF PURCHASE / INWARD BRANCH TRANSFER REGISTER (Month wise) (To be filed along with return) TIN : Name of the Dealer : Address : Purchase for the tax period : From ______ to ______ Summary of Purchase (As per DVAT-30) (All amounts in Rupees) S. No. Month Year Seller s TIN Seller s Name 1 2 3 4 Purchase not eligible for credit of Input Tax Import from Outside India High Sea Purchase Purchase From exempted units Purchase From Unregistered Dealer/Composition Dealer/Non-creditable goods/against Retail Invoices Purchase of Tax Exempted Goods Capital Goods 5 6 7 8 9 10 Purchase not eligible for credit of Input Tax Inter-State Purchase/Stock Transfer Inter State Purchase Stock Transfer C-Form H-Form C/E1/E2 Form None Branch Transfer Consignment Transfer 11 12 13 14 15 16 Purchase Eligible for Credit of Input Tax Capital Goods Purchase Amount Rate of Tax Input Tax Paid Total Purchase Including Tax 17 18 19 20 Purchase Eligible for Credit of Input Tax Others Type of Purchase Purchase Amount Rate of Tax Input Tax Paid Total Purchase (Including Tax) Purchase of Goods/Work Contract 21 22 23 24 25 Data in respect of unregistered dealers may be consolidated tax rate wise for each month Signature of Dealer / Authorized Signatory Annexure - 2B (See instruction 6) SUMMARY OF SALE / OUTWARD BRANCH TRANSFER REGISTER (Month wise) (To be filed along with return) TIN : Name of the Dealer: Address : Sale for the tax period : From ______ to ______ Summary of Sales (As per DVAT-31) (All amounts in Rupees) S. No. Month Year Buyer s TIN Buyer s Name Inter-state Branch / Consignment Transfer Export out of India High Sea Sales 1 2 3 4 5 6 7 Interstate Sales Goods Type Form C/H/I/J/E1/E2 Rate of Tax Sales Price (Excluding CST) Central Sales Tax Total 8 9 10 11 12 13 Local Sales Type of Sale Rate of Tax Sales Price (Excluding VAT) Output Tax Sale of Goods/Works Contract 14 15 16 17 Data in respect of unregistered dealers may be consolidated tax rate wise for each month Signature of Dealer / Authorized Signatory 7. Amendment of Form DVAT 17 In the principal Rules, in Form DVAT 17, the following footnote shall be inserted in the end, namely:- Note:- Attach copy of month wise summary of purchase register maintained in Form DVAT-30 in the format appended at Annexure. Annexure SUMMARY OF PURCHASE / INWARD BRANCH TRANSFER REGISTER (Month wise) (To be filed along with return) TIN : Name of the Dealer : Address : Purchase for the tax period : From ______ to ______ Summary of Purchase (As per DVAT-30) (All amounts in Rupees) S. No. Month Year Seller s TIN Seller s Name 1 2 3 4 Purchase not eligible for credit of Input Tax Import from Outside India High Sea Purchase Purchase from Exempted units Purchase From Unregistered Dealer/Composition Dealer/Non-creditable goods/against Retail Invoices Purchase of Tax Exempted Goods Capital Goods 5 6 7 8 9 10 Purchase not eligible for credit of Input Tax Inter-State Purchase/Stock Transfer Inter State Purchase Stock Transfer C-Form H-Form C/E1/E2 Form None Branch Transfer Consignment Transfer 11 12 13 14 15 16 Purchase Eligible for Credit of Input Tax Capital Goods Purchase Amount Rate of Tax Input Tax Paid Total Purchase (Including Tax) 17 18 19 20 Purchase Eligible for Credit of Input Tax Others Type of Purchase Purchase Amount Rate of Tax Input Tax Paid Total Purchase Including Tax Purchase of Goods/Work Contract 21 22 23 24 25 Data in respect of unregistered dealers may be consolidated tax rate wise for each month Signature of Dealer / Authorized Signatory 8. Amendment of Form DVAT 20 In the principal Rules, in Form DVAT 20 (i) for row 1, the following shall be substituted, namely:- 1. Registration No. (TIN/TAN) (ii) in row 4, in sub-row (v), in column 1, for the word Others , the words TDS/Others shall be substituted. 9. Substitution of Form DVAT 30 and Form DVAT 31 In the principal Rules, for Form DVAT 30 and Form DVAT 31, the following shall be substituted, namely:- Department of Trade Taxes Government of NCT of Delhi Form DVAT 30 [See Rule 42] Specimen of Purchase / Inward Branch transfer Register Registration Number:_________________ Name of dealer: __________________ Purchases for the tax period From (dd/mm/yy) __________ To (dd/mm/yy) _________ Address: _________________________ __________________________ Method of accounting: Cash / Accrual Details of Purchases (All amounts in Rupees) Date of purchase (dd/mm/yy) Invoice / Debit Note / Credit Note No. Seller s TIN Seller s Name 1 2 3 4 Total Purchase not eligible for credit of Input Tax Import from Outside India High Sea Purchase Purchase from exempted units Purchase From Unregistered Dealer/Composition Dealer/Non-creditable goods/against Retail Invoices Purchase of Tax Exempted Goods Capital Goods 5 6 7 8 9 10 Purchase not eligible for credit of Input Tax Inter-State Purchase/Stock Transfer Inter State Purchase Stock Transfer C-Form H-Form C/E1/E2 Form None Branch Transfer Consignment Transfer 11 12 13 14 15 16 Purchase Eligible for Credit of Input Tax Capital Goods Purchase Amount Rate of Tax Input Tax Paid Total Purchase (Including Tax) 17 18 19 20 Purchase Eligible for Credit of Input Tax Others Type of Purchase Purchase Amount Rate of Tax Input Tax Paid Total Purchase Including Tax Purchase of Goods/Work Contract 21 22 23 24 25 Note : The entries of the Debit/Credit note Nos. in the 2nd column of the table are to made showing + / - sign specifically, as the case may be. Department of Trade Taxes Government of NCT of Delhi Form DVAT 31 [See Rule 42] Specimen of Sales / outward Branch Transfer Register Registration Number:_________________ Name of dealer: __________________ Sales for the tax period From (dd/mm/yy) __________ To (dd/mm/yy) _________ Address: _________________________ __________________________ Method of accounting: Cash / Accrual Details of Sales (All amounts in Rupees) Details of Tax/Retail Invoice/Delivery Note/Debit Credit Note Inter-state Branch / Consignment Transfer Export Out of India High Sea Sales Date of sale/transfer (dd/mm/yy) Invoice / Delivery Note / Credit Note no. Buyer s Name Buyer s TIN 1 2 3 4 5 6 7 Total Interstate Sales Goods Type Capital Goods / Others Form No. (C/H/I/J/E1/E2) Rate of Tax Sale Price (Excluding CST) Central Sales Tax Total 8 9 10 11 12 13 Local Sales Type of Sale Rate of Tax Sale Price (Excluding VAT) Output Tax Sale of Goods / Works Contract 14 15 16 17 NB Entries of Debit/Credit note in col. 2 may be made with proper sign ( + / - ) as the case may be. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi, (S. K. Kamra) Dy. Secretary-III (Finance)