Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 News - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Category: ?
Categorized by AI
---- All Categories ----
  • ---- All Categories ----
  • Income Tax
  • GST
  • Customs, DGFT & SEZ
  • FEMA & RBI
  • Corp. Laws, SEBI & IBC
  • PMLA, Black Money & ED
  • Budget
  • News and Press Release
  • PTI News
Month:
---- All Months ----
  • ---- All Months ----
  • January
  • February
  • March
  • April
  • May
  • June
  • July
  • August
  • September
  • October
  • November
  • December
Year:
---- All Years ----
  • ---- All Years ----
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    PM Jan Dhan Yojana Completes 12 Years of Transforming India’s Financial Inclusion Landscape
    Rassense Becomes First Indian CFS Company to Cross 5,000+ Employees; On Track to Cross INR 600 Crore in Revenue
    SVC Bank's Nationwide Cyber Safety Drive Reaches Over 19,061 Citizens Across 213 Housing Societies
    'Not haircut but mundan': Cong on NCLT clearing Subhash Chandra's Rs 6.5 crore payout
    Keralam: Escaped Assam prisoner reaches police station for Aadhaar card, flees again
    Women's Savings Account: Features that make opening one worth it
    Best Pension Plans and Annuity Plans in India 2026: A Full Comparison
    Rupee rises 4 paise to 95.40 against US dollar in early trade
    Minister of State for Commerce and Industry and Electronics & Information Technology Shri Jitin Prasada Concludes Official Visit to Morocco; Co-Chairs...
    Hyderabad police caution citizens against ''Hybrid Cyber Fraud''
    Hoping to work towards further expanding scope of India-Japan trade pact: Goyal
    Bajaj Finance Personal Loan Offers Limited-Time Rewards During Loan Utsav 2026
    Commerce and Industry Minister Shri Piyush Goyal Highlights India’s Growing Startup Ecosystem at India–Japan Startup Roundtable in Tokyo
    Sugar prices rise again by Re 1 per kg to Rs 65 in retail market
    SIDBI organizes a conclave of the Heads of Regional Rural Banks (RRBs) on expanding SIDBI-RRB MSME Co-Lending arrangement
    SC sets aside show cause notice to Tata Steel over input tax credit availed during FY19-23
    HC flags fraudulent use of Aadhaar by infiltrators to get Indian citizenship; calls for action
    IVCA Welcomes Consultative Approach on Draft FEMA NDI Rules
    India to be among top 5 Nestle markets in coming years, a major export hub : Global CEO
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

News
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
August 27, 2026
Show AI Summary
Financial inclusion through basic bank accounts enables direct welfare transfers, digital payments, insurance access and credit for excluded households.
PMJDY provides unbanked adults with basic bank accounts without minimum-balance or maintenance-charge requirements, free RuPay debit cards with accident insurance cover, and eligible overdraft support. Through the JAM framework, PMJDY accounts enable direct transfer of welfare benefits using bank accounts, Aadhaar-based biometric verification and mobile connectivity, reducing intermediary involvement and delays. The scheme emphasises rural, semi-urban, marginalised and women account holders while supporting access to insurance, pensions, savings, digital payments and credit, including MUDRA loans.
August 27, 2026
Show AI Summary
Contract food services expansion strengthens Rassense's nationwide institutional operations through new academic partnerships and technology-led service delivery.
Rassense Pvt Ltd reports crossing a workforce of more than 5,000 employees and projects revenue exceeding INR 600 crore. Its contract food services operations serve educational institutions, corporate campuses, healthcare facilities and industrial locations. New operations at IIM Jammu, IIM Bangalore and IIT Guwahati strengthen its nationwide institutional presence. Expansion is supported by academic institution partnerships, local workforce development, operational excellence, and technology-led capabilities in food production, food waste reduction and supply-chain management.
August 27, 2026
Show AI Summary
Cyber fraud awareness promotes safe digital banking by teaching customers to verify communications, protect credentials, and report suspicious transactions.
Cyber-fraud awareness and digital banking safety were promoted through community sessions addressing phishing, impersonation, OTP and UPI fraud, QR-code scams, digital-arrest fraud, and fraudulent customer-care calls. Participants were guided to identify authentic banking communications, avoid sharing confidential credentials, verify callers and links before acting, and promptly report suspected unauthorised transactions. Customer vigilance, financial literacy, and institutional security measures were emphasised as complementary safeguards against digital financial fraud.
August 27, 2026
Show AI Summary
Personal insolvency repayment plans may be approved despite minimal creditor recovery when requisite voting support and comparative valuation support them.
Personal insolvency repayment plan approval was granted under the Insolvency and Bankruptcy Code, 2016, despite objections that creditor recoveries were negligible and the proposed payment uncertain. The plan received 80.81 per cent voting support, while dissenting creditors held less than 20 per cent voting share. Valuation showed that the debtor's personal estate was materially below the offered amount, and rejection could result in bankruptcy and lower recovery. Assessment of settlement adequacy was treated as a matter of creditor commercial wisdom.
August 27, 2026
Show AI Summary
Prison escape security lapses prompt coordinated tracing measures, transport monitoring, inter-state alerts, and a detailed custodial-security inquiry.
Prison escape and custodial-security lapses arose after a detainee escaped from Aluva Sub Jail, allegedly by using an under-construction structure within the premises to cross the compound wall. Following his later appearance at a police station seeking return of his Aadhaar card, search measures included a lookout circular, information sharing with police stations, railway-security coordination, and alerting police in Assam. A detailed inquiry has been initiated into the prison-security deficiencies enabling the escape.
August 27, 2026
Show AI Summary
Women's savings account selection depends on practical benefits, charges, eligibility, and banking needs rather than the account label.
Women's Savings Accounts may provide standard banking facilities together with additional services or benefits for eligible women. Their suitability depends on practical use of digital banking, transfers, payments, alerts, debit-card facilities, accessibility, security features, charges, and minimum-balance conditions. Since regular Savings Accounts may offer comparable facilities, the additional benefits should be assessed against associated costs and conditions. Selection should be based on comparison of eligibility, facilities, balance requirements, benefits, customer support, and authentication safeguards rather than the account's women-focused label alone.
August 27, 2026
Show AI Summary
Retirement annuity selection prioritises payout structure, taxation, insurer strength and flexibility over brand comparison for informed retirement decisions.
Retirement planning may combine market-linked accumulation during working years, deferred annuities that lock future guaranteed income, and immediate annuities that convert retirement savings into regular payments. Annuity choice depends on whether the priority is higher income, continuation for a surviving spouse, or return of capital on death. Product comparison should consider market-linked growth versus income certainty, taxation of annuity income at applicable slab rates, insurer strength, and flexibility in deferment, payout frequency and policy loans.
August 27, 2026
Show AI Summary
Foreign exchange inflows through deposit and borrowing measures provided near-term rupee support amid lower crude prices.
Reserve Bank special measures relating to FCNR(B) deposits, Overseas Foreign Currency Borrowings and External Commercial Borrowings were identified as attracting foreign-exchange inflows and providing near-term support to the rupee. The Reserve Bank became a net dollar buyer in June after two months of sales to support the rupee. The FCNR(B) window remained open until August 31, while the market outlook anticipated broader rupee depreciation over subsequent weeks.
August 27, 2026
Show AI Summary
Preferential trade agreement exploration advances bilateral market access, pharmaceutical cooperation, investment partnerships, and diversified trade.
India-Morocco economic cooperation is expanded through the seventh Joint Commission framework, targeting deeper and more diversified trade, investment, industrial collaboration and market access across goods and services. An India-Morocco Joint Working Group is to examine bilateral trade opportunities and the feasibility of a preferential trade agreement, including tariff and non-tariff barriers, improved market access and trade facilitation. Cooperation also addresses pharmaceutical market authorisation and approval timelines, food safety, sustainable agriculture, renewable energy, artificial intelligence, healthcare, and phosphates and fertilisers.
August 26, 2026
Show AI Summary
Hybrid cyber fraud exploits stolen smartphones and intercepted verification codes to compromise digital banking and payment accounts.
Hybrid cyber fraud combines physical smartphone theft with digital financial exploitation. Offenders obtain screen-lock credentials, steal devices and use control of the active SIM card to intercept verification codes and reset UPI and digital banking credentials. Preventive measures include withholding PINs, passwords and OTPs; avoiding storage of financial and identity records on phones; and immediately blocking the SIM card and freezing digital banking and UPI services after a theft.
August 26, 2026
Show AI Summary
CEPA review aims to expand bilateral trade engagement, address export barriers, and support regulatory registrations for exporters.
India and Japan are considering a review of the Comprehensive Economic Partnership Agreement to make the bilateral trade framework more contemporary and expand its scope, scale and commercial opportunities. The review is linked to balanced trade and to identifying export barriers arising from procedural requirements, language issues and time involved in market access. Regulatory compliance assistance may support product registrations required for overseas markets, including costly chemical registrations and pharmaceutical registrations.
August 26, 2026
Show AI Summary
Personal loan reward eligibility depends on successful campaign-period disbursal, alongside review of borrowing costs and repayment capacity.
Loan Utsav 2026 provides a limited-period reward bundle to eligible customers whose personal loan is successfully disbursed during the campaign period, subject to applicable terms and conditions. Personal loans are collateral-free and available subject to eligibility, customer profile, documentation and applicable loan terms. Applicants may choose a loan amount and repayment tenure based on their requirements. Extended tenures can reduce monthly EMI obligations but may increase total interest payable. Customers should review interest rates, EMI, processing charges, other loan costs and repayment capacity before accepting a loan offer.
August 26, 2026
Show AI Summary
Deep-tech investment cooperation advances through capital corridors, innovation bridges, manufacturing integration and startup pitching platforms for cross-border growth.
India-Japan startup cooperation is proposed to advance through a deep-tech capital corridor, a two-way innovation bridge, manufacturing and technology integration, and joint startup pitching platforms. Collaboration is directed towards patient capital, early-stage research, deep-tech commercialisation, technology validation, precision manufacturing, investment and market access. The partnership also emphasises MSME integration with startups and global supply chains, co-investment mechanisms, plug-and-play infrastructure, and institutional links among universities, research institutions, incubators and industry.
August 26, 2026
Show AI Summary
Sugar price-control measures combine raw-sugar imports, stockholding limits and export restrictions to curb retail price pressures.
Sugar price-control measures combine authorised raw-sugar imports, stockholding limits for dealers and bulk consumers, and an existing export prohibition to address elevated domestic prices. Imports are permitted within the specified period, while stockholding restrictions seek to curb speculation and hoarding. Retail prices continued to rise despite lower ex-mill prices, and the regulatory approach focuses on augmenting supply, limiting stock accumulation, and preventing export-related pressure on domestic availability.
August 26, 2026
Show AI Summary
Alternative dispute resolution enabled settlement of long-pending disputes, alongside reporting on court administration and regulatory compliance concerns.
Legal developments include resolution of long-pending tenancy, commercial and property disputes through a special Lok Adalat mechanism, including a digitally signed international settlement. Other matters concern a challenge to a riot-related murder conviction, allegations of administrative irregularities and selective case listing, fast-track court pendency, cancellation of a recruitment process following suspected examination malpractice, fraudulent identity documents used to claim citizenship, medical-qualification standards, and opposition to uranium exploration and mining.
August 26, 2026
Show AI Summary
MSME co-lending supports digital paperless credit delivery through rural banks for underserved rural and semi-urban enterprises.
SIDBI-RRB MSME co-lending arrangement is proposed for expansion to increase credit access for micro, small and medium enterprises in rural and semi-urban areas. The arrangement combines SIDBI's understanding of MSME credit requirements with Regional Rural Banks' local reach. SIDBI's Co-Lending Origination Platform provides an end-to-end digital credit process intended to enable faster, paperless loan processing, in-principle sanction communication, documentation and direct account disbursement without branch visits.
August 26, 2026
Show AI Summary
Input tax credit mismatch alone cannot support fraud-based GST demand without an assessing officer's recorded satisfaction of fraud or suppression.
Section 74 GST demand proceedings require the assessing officer's independent satisfaction of fraud, wilful misstatement or suppression of facts. An input tax credit mismatch or alleged short payment alone cannot establish these conditions. Unsupported assertions of suppression for invoking extended limitation are insufficient, and audit objections cannot replace the assessing officer's satisfaction. A show cause-cum-demand notice lacking factual allegations of a deliberate device to evade tax or avail excess input tax credit is vulnerable.
August 26, 2026
Show AI Summary
Fraudulent Aadhaar procurement exposes identity-verification gaps and prompts disclosure, expedited investigation, deportation, and statutory review measures.
Fraudulent procurement of Aadhaar and other identity documents by foreign nationals who infiltrate borders may undermine identity verification, immigration control and national security. Coordinated action is required to trace and deport such persons, prevent re-entry, strengthen document verification, and complete investigations without delay. Amendments to the Aadhaar Act are to be considered to assist investigating agencies, while a dedicated procedure is required to address border infiltration and human trafficking. Aadhaar enrolment records are to be supplied to police, followed by timely deportation proceedings.
August 26, 2026
Show AI Summary
Foreign investment liberalisation proposals receive industry support, subject to preserving AIF treatment, grandfathering, and prospective application.
Proposed foreign-investment liberalisation, including treatment of stakes below 10 per cent and a greater role for market forces in valuation, is welcomed. Preservation of the existing treatment of Alternative Investment Funds under the IOCC framework is emphasised, together with grandfathering of transactions and funds undertaken under the current regulatory position. Newly introduced requirements should operate prospectively to support a simpler, predictable and investment-friendly foreign-investment framework.
August 26, 2026
Show AI Summary
India market expansion guides Nestle 's volume-led growth, export-hub development and long-term investment without compromising product quality.
Nestle 's India strategy focuses on volume-led growth, wider consumer reach, portfolio development, efficiency improvements and sustained long-term investment. Growth is intended to combine increased household penetration with pricing, premiumisation, affordability and value offerings. India is also intended to develop further as a production and export hub for global markets, supported by manufacturing capacity and expanding overseas supplies. Product quality and consumer interests remain constraints on the pace of expansion.

News

Back

All News

Showing Results for :
Reset Filters
No Records Found

News

Showing Results for : Reset Filters

Amendments in the Composition Scheme for Works Contract Dealers under Delhi VAT

October 3, 2013

Contents
Notifications
Forms
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Amendments in the Composition Scheme for Works Contract Dealers under Delhi VAT

Vide Notification No. 3(5)/Fin.(Rev‐I)/2013‐14/dsvi/801 dated 30.09.2013 with effect from 01.10.2013

HIGHLIGHTS

1. The composition scheme, notified vide No. 3(13)/Fin.(rev‐1)/2012‐13/dsvi/180 dated 28.2.2013 (effective from 1.4.2013), issued u/s 16(12) of the DVAT Act for works contract dealers has been modified vide present notification.

2. The dealers are allowed to withdraw from composition scheme only from the beginning of the financial year. However, in view of the amendments by the present notification, they may ‐

  • withdraw from the composition scheme, if already opted, by filing an application till 31.10.2013; or
  • opt for the composition scheme from 01.10.2013; or
  • switch over from Scheme “A” to Scheme “B”, or vice‐a‐versa, w.e.f. 01.10.2013. It may be recalled that there are two Schemes for the works contractors : (i) Scheme “A”, having lower rate of tax, only for those dealers who are executing works contracts in Delhi; and (ii) Scheme “B”, having higher rate of tax, where the contractors can make central purchases/transfers against declaration forms and import from other countries.

3. The Composition dealer shall be eligible to opt for only one of the Scheme, i.e. Scheme “A” or Scheme “B”, for all categories of works contracts to be executed by him in the financial year.

4. Limit for purchases from unregistered dealers has been increased to 5% (earlier 2%) of total purchase turnover during the year, or Rs.50 lacs (earlier limit of Rs.25 lacs), whichever is lower.

5. In case, a composition dealer fails to comply with the stipulated conditions of the Scheme: Earlier ‐ entire amount deposited was to be forfeited; Now ‐ forfeiture would be restricted to the extent of 50%.

6. The contractor, who was paying tax under the normal scheme, is required to pay tax on the entire opening stock held on the date of option for the composition scheme. This amendment will enable the contractor (opting for this Scheme w.e.f. 01.10.2013 or any subsequent financial year) to adjust his “carry forward amount as per DVAT‐16” against “the amount payable as per SS‐01”; and to carry forward (or claim refund) the remaining amount, if any, in the subsequent tax periods. For example, on the date of option, a dealer is liable to pay tax of Rs. One lakh on his stock on 1.10.2013. He has carry forward amount of tax of Rs. Three lakhs on 30.09.2013. He may adjust his liability of Rs. One lakh from his carry forward amount as per DVAT‐16; and remaining Rs. Two lakhs may be claimed as refund, or carry forward to the subsequent tax periods.

7. If a dealer shifts from scheme “B” to “A”, he shall pay tax on his entire stock on the date of option at the rate specified in section 4 of the Act. It may be noted that such dealer is required to pay tax even on goods purchased within Delhi on which he has not claimed any input tax credit at the time of purchase (since at that time also, he was under the composition scheme).

8. Cases where main‐contractor (MC) and sub‐contractor (SC), both are under the composition scheme:

Earlier, SC could deduct amount of turnover based upon CC‐01 issued by MC. Now, SC shall be eligible to deduct the amount of tax :‐ To be computed on the amount paid to him by MC as mentioned in CC‐01, at lower of the two rates of composition : one opted for by MC, and second by SC. In short, SC could claim deduction, at the most, for the amount of tax paid by MC on such turnover (instead of entire turnover stated in CC‐01).

For example, MC has issued Form CC‐01 for Rs.1,00,000/‐ to his SC. The MC has opted for composition scheme @3%, whereas SC has opted for composition scheme of 6%. In such a case, SC shall be eligible to claim exemption of Rs.3,000/‐ [1,00,000/‐ *3% (lesser rate of tax)] from his liability of Rs.6,000/‐ (6% of Rs.1,00,000/).

The Reason: Where MC and SC are paying tax at the same rate, then there is no impact. But, where SC is paying tax, at a higher rate of tax than MC; say, SC @6% and MC @3% : ‐ If SC is allowed deduction of turnover stated in CC‐01, then SC would get benefit of 6% of the turnover, whereas MC has paid only @3%. To remove this anomaly, this amendment has been carried.

Further, MC shall be required to deduct VAT‐TDS at the differential rate, i.e. 3% (6% ‐ 3%) on Rs.1,00,000/‐(earlier, in such cases, no tax was required to be deducted by MC).

9. Other provisions of the Notification dated 28.2.2013 would remain same.

Amendments in the Composition Scheme for Works Contract Dealers under Delhi VAT A ‐ Comparison

Vide Notification No. 3(5)/Fin.(Rev‐I)/2013‐14/dsvi/801 dated 30.09.2013

[Notification No. 3(13)/Fin.(Rev‐I)/2012‐13/dsvi/180 dated 28.02.2013 (effective from 01.04.2013) issued under section 16(12) of the Delhi VAT Act has been modified vide present notification]

These Amendments shall come into force with effect from 01.10.2013.

Reference of the Scheme

Clause/Text ‐ Upto 30.09.2013

Clause/Text ‐ Effective From 01.10.2013

(1)

(2)

(3)

Proviso inserted below the “TABLE”

Enables the contractor to withdraw from the Scheme w.e.f. 01.10.2013 in view of various amendments in the Scheme.

---

PROVIDED FURTHER that the dealers who have already opted for the composition scheme notified on 28/02/2013 will have the option to withdraw from the scheme 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.

General Condition 1(a)

Maximum Limit for “purchases from unregistered dealers” enhanced.

(1) The composition dealer opting for composition under this notification, shall (a) not purchase or procure goods, other than those specified in the First Schedule appended to the Act, within Delhi, from a person who is not registered under the Act, except to the extent of 2% of his total purchase turnover during the year or Rs. 25 lakhs, whichever is lower;

(1) The composition dealer opting for composition under this notification, shall (a) not purchase or procure goods, other than those specified in the First Schedule appended to the Act, within Delhi, from a person who is not registered under the Act, except to the extent of 5% of his total purchase turnover during the year or Rs. 50 lakhs, whichever is lower;

General Condition 5 (Proviso inserted after Sl. No. 5)

Authorizes the contractor to opt for either Scheme ‘A’ or Scheme ‘B’ for all contracts to be executed by him in a financial year.

A dealer who opts to pay composition tax .............. to the rate applicable to each of such contracts. (First Para ‐same as stated in Column 3; Proviso inserted )

A dealer who opts to pay composition tax under the notification and executes different types of works contracts which are liable to tax at different rates under this notification, shall pay tax according to the rate applicable to each of such contracts:

PROVIDED that 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.

General Condition 8

In case of non‐compliance of any condition of the Scheme by the contractor ‐ Forfeiture of amount paid is reduced from 100% to 50%.

In case a dealer has opted for this scheme but has failed to comply with the conditions ……….. and the amount deposited by such dealer as the composition tax, if any, shall stand forfeited. (Text in Italic {green colour} inserted; Remaining text unchanged)

In case a dealer has opted for this scheme but has failed to comply with the conditions specified herein or who, at any later stage, is found not eligible for having opted for this Scheme, all the provisions of the Act and Rules including the liability to pay tax under section 3, if any, shall apply mutatis mutandis as if the dealer had never opted for the composition scheme, from the financial year in which default had been committed and the amount deposited by such dealer as the composition tax, if any, shall stand forfeited to the extent of 50%.

Modalities ‐ 2 – First

Proviso substituted

Authorizes the contractors, already paying tax as normal dealers, to opt for the Scheme w.e.f. 01.10.2013.

A works contract dealer ……….. composition is opted (Same as stated in Column 3; No change),

Provided that a dealer who is paying tax under section 3 of the Act on the date of this notification, may opt for this scheme by filing an application in Form WC 01 appended to this notification within a period of thirty days from the date of this notification:

Provided further ……..… this notification (Second proviso ‐

same as stated in Column 3;

No Change)

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:

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.

Modalities ‐ 3 (Text in Italic {green colour} inserted)

The contractor, who was paying tax under the normal scheme, is required to pay tax on the entire opening stock held on the date of option.

This amendment enables the contractor, opting for this Scheme w.e.f. 01.10.2013 or any subsequent financial year, to adjust his “carry forward amount as per DVAT‐16” against “the amount payable as per SS‐01”; and to carry forward (or claim refund) the remaining amount, if any, in the subsequent tax periods.

A dealer paying tax under section 3 of the Act …………… in proof of payment of tax in DVAT 20. (Text in Italic {green colour} inserted ; Remaining –Text unchanged)

A dealer paying tax under section 3 of the Act and opting to pay tax under this Scheme, shall be required to pay tax, at the rates specified in section 4 of the Act, on the entire opening stock of goods held by him on the first day of the period with effect from which the dealer opts to pay the tax under this Scheme. The dealer shall furnish, along with his application for availing for the composition scheme, the details of such stock and the payment of tax thereon in Form SS 01 appended to this notification along with the copy of challan in proof of payment of tax in DVAT 20. However, as per the Form DVAT‐ 16 filed by the dealer, if the dealer has certain tax amount to his credit at the end of the second quarter of the year 2013‐14 or at the end of the previous financial year, as the case may be, he shall be entitled to adjust the amount payable as per SS‐ 01 with the said tax amount at his credit. After the said adjustment, if the dealer is still left with some tax amount at his credit, he may, at his option, either claim refund of the remaining amount or carry forward the same to subsequent tax periods.

Modalities ‐ 3A inserted

Authorizes the contractors to shift from Scheme ‘A’ to ‘B’ (and vice‐a‐versa) w.e.f. 01.10.2013 or any subsequent financial year; and specifies its modalities.

In case, a dealer shifts from scheme ‘B’ to ‘A’, he shall pay tax on entire opening stock. Please note that such dealer is required to pay tax even on goods purchased within Delhi on which he has not claimed any ITC. It will amount to double taxation on such stock.

---

(3A) A dealer who is paying tax in scheme “B” under composition may opt scheme “A” (and vice‐versa) by filing an application to this effect in form WC‐01 by 31st October, 2013 for the last two quarters of the year 2013‐14 or within a period of 30 days from the 1st day of the year for that year with effect from which he opts to change the scheme:

Provided that in case of a dealer changing from scheme “B” to scheme “A’’, he shall be required to pay tax at the rate specified in section 4 of the Act, on the entire opening stock of goods held by him on the first day of October, 2013 for the year 2013‐14 or on the first day of the year with effect from which the dealer opts to change the scheme. The dealer shall furnish, along with his application for changing the scheme, the details of such stock and the payment of tax thereon in Form SS 01 along with the copy of challan in proof of payment of tax in DVAT 20.

Modalities ‐ 7 substituted

Specifies the revised manner for the maincontractor (MC) for issuance of Form CC‐01 to the sub‐contractor (SC) and deduction of TDS on amount stated in CC‐01.

Earlier, SC could deduct his turnover based upon CC‐01 issued by MC.

Now, in short, SC could claim deduction for amount of tax paid by MC on such turnover (instead of entire turnover stated in CC‐01).

The Reason: Where MC and SC were paying tax at the same rate, there was no impact. But, where SC was paying tax @6% and MC @3%:‐ if SC is allowed deduction of turnover stated in CC‐01, then SC would get benefit of 6% of the turnover, whereas MC has paid only @3%. To remove this anomaly, this amendment has been carried.

Where the composition dealer has made any payment to a registered sub‐contractor, who also opts for composition under this notification, for the execution of works contract, whether wholly or partly, the composition dealer shall issue a certificate to such subcontractor, in Form CC 01 appended to this notification. Such sub‐contractor shall be eligible to deduct from his turnover liable to be taxed under this scheme, the amount mentioned in such certificate by enclosing it with his return. Such amount shall not constitute part of the turnover in Form DVAT 17 of such sub‐contractor. The contractor shall not deduct TDS from payments made to such sub‐contractors in respect of the turnover covered by the certificate.

Where the composition dealer has made any payment to a registered sub‐contractor, who also opts for composition under this notification, for the execution of works contract, whether wholly or partly, the composition dealer shall issue a certificate to such subcontractor, in Form CC 01. Such sub‐contractor shall be eligible to deduct the amount of tax which shall be computed on the amount paid to him as mentioned in CC‐01, at the lower of the two rates of composition opted one each by the contractor and the subcontractor. The said CC‐01 shall be enclosed by the subcontractor along with his return.

Further, the contractor is exempt from deducting TDS from payments made to such sub‐contractors in respect of the turnover covered by the certificate CC‐01:

PROVIDED that in case where the rate of the composition tax of the contractor is lower than that of the sub‐contractor, the contractor shall be liable to deduct TDS at the differential rate of composition tax between the two, from payments made to such subcontractors in respect of the turnover covered by their respective Form CC‐01.

For example, a contractor has issued Form CC‐01 for Rs.1,00,000 to his sub‐contractor. The contractor has opted for composition scheme @ 3%, whereas the subcontractor has opted for composition scheme of 6%. In such case, the sub‐contractor shall be eligible to claim exemption of Rs.3,000 [1,00,000 *3% (lesser rate of tax)] from his liability of Rs.6,000 (6% of Rs.1,00,000). Further, the contractor shall be required to deduct TDS at the differential rate i.e. 3% (6% ‐ 3%) on Rs.1,00,000.

Modalities ‐ 8 inserted

Empowers the DVAT Commissioner – for online submission of various forms

--

(8) Notwithstanding anything contained in this notification, the Commissioner may notify, by a special or general order, that any or all of the forms appended to this notification shall be filed online.

Modalities ‐ 9 inserted

Applicability of Delhi VAT Act & Rules – Residual Provisions.

--

(9) All the provisions contained in the DVAT Act, 2004 and DVAT Rules, 2005 which are not contrary to the provisions of the composition scheme under this notification, shall apply to the dealers opting for composition.

Form CC‐01 – New Columns inserted

7

8

9

Last date for completion of sub‐contract, if any

-

-

7

8

9

Composition

Tax Rate

Total

Composition

Tax

Last date for completion of subcontract,

if any

 

 NOTIFICATION No. 3(5)/Fin.(Rev‐I)/2013‐14/dsvi/801 Dateed 30.09.2013

Topics

Acts Income Tax