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TMI BlogNotification regarding Composition SchemeX X X X Extracts X X X X X X X X Extracts X X X X ..... n Scheme for every registered dealer engaged exclusively in carrying out works contracts for cash or for deferred payment or for valuable consideration in Delhi as under, namely:- TABLE Category Nature of Works Contracts Composition Tax Rate [As percentage of entire turnover in relation to works contracts in Delhi] Scheme A Scheme B (1) (2) (3) (4) 1 Every registered dealer engaged in execution of works contracts of the following categories and incidental or ancillary activities in connection with or thereto: (A) Civil Contracts, such as, (i) Civil construction, improvement, modification, repair and maintenance, electrification, sanitary fittings, flooring, plastering, finishing, white washing, painting, polishing, interior decoration, etc. of any immovable property, including a building or a complex - residential or commercial. (ii) Water works and Sewerage works, including treatment plants, whether meant for individual houses/buildings/ complexes or for the general public. (iii) Fabrication & fixing of shutters, doors, gates, windows, grills, furniture, fixtures, fitting outs and other similar contracts. (iv) Procurement, erection, fabrication, installation com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme from the third quarter of 2013‐14 by filing Form WC‐02 by 31/10/2013. They shall in that case pay tax as normal dealers under section 3 of the Act w.e.f. 01/10/2013. ] Particular Conditions: Scheme A: A registered dealer opting to pay composition tax under this Scheme shall: (i) not purchase or procure goods from any place outside Delhi at any time during the period for which he opts to avail this Scheme; and (ii) not sell or supply goods to any place outside Delhi at any time during the period for which he opts to avail this Scheme. However, he may procure his own Plant & Machinery and Equipments from outside Delhi, meant exclusively for use in execution of the works contract by him. Scheme B: A registered dealer opting to pay composition tax under this Scheme shall be entitled to make purchases of goods required for the execution of the contract under this Scheme in the course of inter-State trade or commerce on the strength of his certificate of registration against declaration in Form-C or by way of inward transfer of stocks from other States against Form-F or by way of imports from other countries solely for the purposes of utilizing the same in the exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dealer shall be eligible to opt for only one Scheme, that is either Scheme "A" or Scheme "B", for all categories of works contracts to be executed by him in a financial year.] (6) The term "Turnover" for the purposes of this composition scheme means: (i) In relation to the category at serial No. (1) and (3), in Table total consideration, received or receivable by the dealer under the contract for transfer of property in goods (whether as goods or in some other form) involved in the execution of the contract together with the charges for labour, services and other like charges. (ii) In relation to the category at serial No. 2, in Table the total consideration received or receivable by the dealer under the contract for transfer of property in goods (whether as goods or in some other form) involved in the execution of the contract, including the value of land, charges for supply of labour and services and other like charges. (7) The tax period for the composition dealer shall be a quarter, unless otherwise prescribed by the Commissioner for a dealer or class of dealers. However, the tax due shall be paid by the composition dealer on monthly basis, within 21 days of the end of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e contractor. Modalities for availing the Scheme: (1) The dealer applying for a fresh registration can opt for this scheme by filing an application in Form WC 01 appended to this notification along with his registration application in Form DVAT 04. (2) A works contract dealer who is paying tax under section 3 of the Act, can opt for this scheme by filing an application in Form WC 01 appended to this notification within thirty days from the first day of the financial year with effect from which composition is opted,: 7[Provided that a dealer who is paying tax under section 3 of the Act on the date of this notification or paying tax under the composition scheme notified on 28.02.2013 may opt for this scheme from the third quarter of 2013‐14 by filing an application in Form WC 01.] Provided further that the dealer who is paying composition tax under the erstwhile Notification No. F.3(78)/Fin.(T&E)/2005-06/1508 kha dated 17th March 2006 may opt for the composition scheme under this notification by filing an application in Form WC 01 appended to this notification within a period of thirty days from the date of coming into force of this notification. (3) A dealer paying tax u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opt for payment of composition tax under this scheme for the following year, shall, subject to the conditions contained in section 20 of the Act, in so far as they are applicable, and further subject to furnishing of intimation regarding withdrawal from this scheme in Form WC 02 within thirty days from the end of the financial year, be eligible to claim credit of tax paid under the Act on the opening stock held by him on the first day of the year from which he opts out of the Scheme. (6) A composition dealer who has opted to pay tax under this scheme and has defaulted in furnishing the returns for two consecutive tax periods, by the prescribed due date for the latter tax period, shall, from the beginning of the tax period in respect of which the default was first committed: (i) cease to be liable to pay tax under this scheme (ii) be liable to pay tax under section 3 of the Act. Such a dealer shall also, subject to the conditions contained in section 20 of the Act in so far as they are applicable and further subject to furnishing the intimation in Form WC 02 within seven days after the end of due date prescribed for filing of return for the latter tax period in respect of which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffect from 1st April 2013. By order and in the name of the Lt. Governor of the National Capital Territory of Delhi, (Ravinder Kumar) Deputy Secretary-VI (Finance) No.3(13)/Fin.(Rev-I)/2012-13 Copy forwarded for information and necessary action to: (1) The Pr. Secretary (GAD), Govt. of NCT of Delhi, Delhi Sachivalaya, New Delhi with one spare copy for publication in Delhi Gazette Part-IV (extraordinary) in today's date. (2) The Pr. Secretary to the Hon'ble Lieutenant Governor, Delhi. (3) The Pr. Secretary to the Hon'ble Chief Minister, Government of NCT of Delhi, Delhi Sachivalaya, IP Estate, New Delhi. (4) Pr. Secretary (Finance) Finance Department, Govt. of NCT of Delhi, Delhi Sachivalaya, New Delhi. (5) Commissioner, Value Added Tax, Department of Trade And Taxes, Vyapar Bhawan, I.P. Estate, New Delhi. (6) The Secretary to the Finance Minister, Government of NCT of Delhi, Delhi Sachivalaya, New Delhi. (7) The P.A. to the Leader of Opposition, 29, Delhi Legislative Assembly, Old Secretariat, Delhi. (8) The Addl. Secretary (Law), Government of NCT of Delhi, Delhi Sachivalaya, IP Estate, New Delhi. (9) OSD to Chief Secretary, Government of NCT of Delhi, Delhi Sachival ..... X X X X Extracts X X X X X X X X Extracts X X X X
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