9911796707
TMI BlogAmends the Delhi Value Added Tax Rules, 2005X X X X Extracts X X X X X X X X Extracts X X X X ..... In the principal Rules, after rule 7A, the following shall be inserted, namely:- "7B.Adjustment of tax due to retrospective reduction of tax liability by virtue of the Delhi Value Added Tax (Second Amendment) Act, 2005 (Sec 4, 15 & 105(4)) A dealer, in consequence of the retrospective operation of - a) the reduced rates of tax on the turnover pertaining to declared goods involved in the execution of works contracts and the works contracts which are in the nature of printing works in accordance with the provisions of section 4; or b) the eligibility to claim input tax credit on purchase of second hand goods from the resident seller under sub-section (2) of section 15; or c) the discharge of tax liability on works contracts in accordance with the provisions of sub-section (4) of section 105, shall re-compute his tax liability and shall make adjustments on account of excess amount of tax deposited under the Act, if any, in the first return which is due to be filed after the date of notification of the Delhi Value Added Tax (Fifth Amendment) Rules, 2005: Provided that the dealer shall not make the adjustments of the excess amount of tax deposited unless such excess amount h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealer to whom - (a) clause (a) of sub-rule (1) applies, can opt the tax period of six months or a quarter or one month; or (b) clause (b) of sub-rule (1) applies, can opt the tax period of a quarter or one month; or (c) clause (c) of sub-rule (1) applies, can opt the tax period of one month, and the option so exercised by him during a particular year by furnishing an intimation in accordance with sub-rule (4) of this rule, shall not be changed during that year: Provided that for the year 2005-06, an option to change the tax period may be exercised with effect from the first day of October, 2005." (c) for sub-rule(4), the following shall be substituted, namely:- "(4)An intimation for change in tax period in accordance with sub-rule (1) or sub-rule (3) of this rule shall be furnished to the Commissioner in Form DVAT 55 within 15 days from the first day of the year in which tax period is being changed: Provided that for the year 2005-06, intimation for change of tax period shall be furnished within fifteen days from the date of notification of these rules: Provided further that any delay in furnishing the intimation under this rule shall not be condonable." (d) for sub-rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partly executed contracts as on 31st March, 2005 to the Commissioner, in a statement in Form DVAT 53 along with his first return due to be filed after the notification of the Delhi Value Added Tax (Fifth Amendment) Rules, 2005 along with the documents and information as specified in the said Form DVAT 53 and such dealer shall compute his tax liability in the manner as given in the statement in Form DVAT 54: Provided that where a dealer fails to furnish a statement in Form DVAT 53, complete in all respects, within the time so prescribed, his liability to pay tax shall not be discharged in accordance with the provisions of sub-section (4) of section 105 and he shall be liable to pay tax at the rates specified in section 4. (2)The dealer who is eligible and liable to discharge his tax liability under the Act in accordance with the provisions of sub-section (4) of section 105 and has submitted the statement in Form DVAT 53 in accordance with provisions of sub-rule (1), he shall furnish information in Form DVAT 54 along with his return in Form DVAT-16 for each and every tax period ending up to 31st March 2007: Provided that a return furnished for any tax period in the absence of duly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No application for review under sub-section (5) of section 74B of an assessment or reassessment or an order shall be entertained if the application is not presented within thirty days from the date of such assessment or reassessment or order. (4) The Commissioner or any person appointed under section 66 shall be competent under sub-section (5) of section 74B to review any assessment or reassessment or order made by his predecessor in office. (5) Where a person has made an application for review of an assessment or reassessment or an order under the provisions of section 74B, the Commissioner shall not be prevented from enforcing the payment of any amount in dispute in that order. (6) Where a person, who has made an application for review of assessment or reassessment or an order, intends to file an objection under section 74 or an appeal under 76, the person shall withdraw his application for review before filing the objection or the appeal. (7) The Commissioner shall not review any assessment or reassessment or an order where an objection under section 74 or an appeal under section 76 against such assessment or reassessment or order is pending for decision." 12. Substitution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty, shall, after defraying the expenses of management, be adjusted towards discharge of the arrears, and the balance, if any, shall be paid to the defaulter: Provided that where the balance cannot be paid to the defaulter due to any reason, the said balance shall be deposited in the Government treasury. (9) The attachment and management of movable and immovable properties may be withdrawn at any time at the discretion of the Commissioner, or if the arrears are discharged by receipt of such profits and rents or are otherwise paid. (10) There shall be recoverable, in the proceedings in execution of every certificate, all charges incurred in respect of - (a) the service of notice upon the defaulter to pay the arrears, and the warrants and other processes, and (b) all other proceedings taken for realising the arrears. (11)Without prejudice to the provisions of sub-section (4) of section 57, if at any time after the recovery proceedings commenced by the Collector or the Commissioner, as the case may be, the defaulter dies, the recovery proceedings shall be continued against the legal representatives. (12) Any amount recoverable under Chapter VII of the Act, shall be recovered in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 38C, DVAT 52, DVAT 53, DVAT 54 and DVAT 55 In the principal Rules, in the Forms appended thereto, (a) after Form DVAT 24A, the following Form shall be inserted namely:- FORM DVAT 24B (See rule 36A) Notice under sub-section (2) of section 74A To M/s .. .. (TIN ... ) Whereas it appears that in the order No ..dated passed under section . by .. for the period from ..to in your case, - (i) a certain turnover of sales which has not been brought to tax or has been brought to tax at lower rate or has been incorrectly classified, or any claim is incorrectly granted or that the liability to tax is understated, or (ii) the order is erroneous , in so far as it is prejudicial to the interest of revenue; And whereas it has been decided to revise the above stated order under section 74A of the Delhi Value Added Tax Act, 2004. Therefore, in view of the above, you are hereby directed to furnish the following documents along with books of accounts before the undersigned at .(place) on (date) at ..(time). 1 2 3 4 Place Signature Date Designat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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