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
    IFSCA Grants Nexent Capital GIFT City Investment Banking License
    India's exports rise 19.63 pc to USD 44.24 bn in Jul; trade deficit widens to $31.98 bn
    Vizhinjam port to commence EXIM operations from Aug 18: Kerala CM Satheesan
    Ratul Puri: Beyond Low-Cost Power to Clean Energy Reliability
    PMS Bazaar Collaborates with NSDL Database Management Limited (NDML Accreditation Agency) to Expand Access to SEBI Accredited Investor Certification
    Compounded annual growth rate of Manufacturing GVA at constant prices (2022-23 base) as per revised series during 2022-23 to 2025-26 is 10.88%
    National Company Law Tribunal (NCLT) Launches e-Inspection and e-Certified Copy Services
    The Government of India to launch the Central Bank Digital Currency (CBDC)-based Direct Benefit Transfer (DBT) in the Union Territories of Chandigarh ...
    India and the Southern African Customs Union (SACU) sign Terms of Reference (ToR) for negotiations towards a Preferential Trade Agreement
    Airtel ends all prepaid mobile plans offering 1.5 GB data per day with unlimited calls
    ED arrests IBC resolution professional
    Mumbai cops bust fake documents racket; four arrested
    After nine years at helm, N Chandra to exit Tata Sons amid expansion, governance standoff
    RBI invites comments on the Draft “Reserve Bank of India (Interest Rates on Loans and Advances) Directions, 2026”
    Sensex falls 188 pts amid elevated crude oil prices; Tata Group stocks decline after N Chandra's exit
    SJM urges govt to stand firm against US tariff pressure, calls for boycott of American products
    Union Minister of Commerce and Industry Shri Piyush Goyal Calls for Fair Trading Practices and Taking ‘Make in India’ from Local to Global
    Union Minister for Finance & Corporate Affairs Smt. Nirmala Sitharaman delivers keynote address at Seminar on “Role of the New Development Bank in M...
    Delhi HC halts processing of IT-returns of Supreme Court, high court judges
    Over 36,000 firms shut operations in Maharashtra in 5 yrs; Oppn claims graft, govt interference
❯❯
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 13, 2026
Show AI Summary
Investment banking registration enables regulated cross-border offerings, listings, debt transactions and capital-market advisory through GIFT City.
IFSCA registration under the IFSCA (Capital Market Intermediaries) Regulations, 2025 authorises Nexent Capital IFSC Private Limited to operate as an investment banker from GIFT City. Permitted activities include management of initial and follow-on public offerings, SPAC and secondary listings, depository receipt issuances, debt capital-market transactions, and other capital-market advisory mandates. The firm proposes to provide transaction structuring, listing-readiness, execution and post-listing capital-markets support for companies seeking capital raising and listing opportunities through GIFT City's exchanges.
August 13, 2026
Show AI Summary
Merchandise export growth was driven by petroleum, electronics, engineering and marine goods, while rising imports widened the trade deficit.
India's merchandise exports increased in July, while imports also rose and widened the trade deficit. Export growth was attributed to higher overseas shipments of petroleum products, electronics, engineering goods and marine goods. Exports and imports both recorded growth during the April-July fiscal period, and exports to West Asian countries increased in July.
August 13, 2026
Show AI Summary
EXIM operations at international seaport to commence after customs clearance, bonded-area establishment, and temporary highway connectivity.
Vizhinjam International Seaport is scheduled to commence EXIM operations after Customs clearance, issuance of Customs notifications, establishment of a Customs-bonded area, and temporary connectivity to NH-66. The port had previously handled transshipment operations. A proposed transfer of a stake in the port concessionaire to a foreign shipping company remains under committee examination and requires Central Government consideration of strategic and security aspects.
August 13, 2026
Show AI Summary
Renewable energy reliability requires storage, grid readiness and ancillary service markets alongside competitive clean-power procurement.
Renewable energy procurement is shifting beyond lowest tariffs towards dependable, dispatchable and affordable clean power, assessed through capacity value, balancing capability and system economics. Storage-backed renewable and hybrid projects can improve renewable utilisation, reduce variability and curtailment, and support peak demand. Higher renewable penetration also requires supportive storage policies, timely approvals, aligned intrastate transmission planning, stronger distribution infrastructure, and market mechanisms for ramping reserves, frequency response and fast-response balancing services.
August 13, 2026
Show AI Summary
Accredited Investor certification facilitates eligible investors' access to alternative investment products, lower thresholds and applicable regulatory flexibilities.
SEBI's Accredited Investor framework enables eligible investors and entities to obtain certification that may allow lower minimum investment thresholds for Portfolio Management Services, Alternative Investment Funds and other alternative investment products, along with applicable regulatory flexibilities. PMS Bazaar and NSDL Database Management Limited's Accreditation Agency facilitate end-to-end applications, subject to required documentation and prescribed payment. Assistance is available to individual investors and eligible clients of investment providers without additional platform, service or processing charges, while prescribed certification fees remain payable.
August 13, 2026
Show AI Summary
Manufacturing GVA growth under the revised national accounts series highlights stable sectoral contribution and resilience-focused industrial measures.
Manufacturing performance is assessed under the revised National Accounts Statistics series using 2022-23 as the base year. Manufacturing's share of total Gross Value Added at current prices remained broadly stable through 2025-26, and Manufacturing GVA at constant prices achieved a compounded annual growth rate of 10.88% from 2022-23 to 2025-26. Production Linked Incentive schemes, logistics and industrial-corridor measures, semiconductor initiatives, and MSME support seek to strengthen domestic manufacturing, diversify supply chains, reduce import dependence, and improve resilience.
August 13, 2026
Show AI Summary
Electronic inspection and certified copies expand digital access to judicial records while supporting efficient case management and reduced delays.
NCLT has launched e-Inspection and e-Certified Copy Services for faster and more convenient access to judicial records and certified copies by advocates, litigants and other stakeholders. The services support a technology-enabled Registry framework and transparent, efficient justice delivery. Pendency monitoring, workload redistribution, Special Benches, maximisation of court time, and registration and listing guidelines are intended to improve case management, optimise limited judicial resources and reduce avoidable delays.
August 13, 2026
Show AI Summary
CBDC-based food subsidy transfers enable eligible beneficiaries to use Digital Rupee wallet credits for traceable foodgrain purchases.
CBDC-based Direct Benefit Transfer under the Pradhan Mantri Garib Kalyan Anna Yojana will credit eligible beneficiaries' food subsidies as programmable Digital Rupee tokens directly into CBDC wallets. Beneficiaries may use these credits to purchase foodgrains from empanelled merchants through secure, real-time and traceable payments, replacing conventional bank-account transfers. The model is intended to improve traceability, reduce leakages and cash handling, enable real-time monitoring of subsidy use, and provide a scalable framework for CBDC integration with welfare schemes.
August 13, 2026
Show AI Summary
Preferential trade agreement negotiations begin under agreed terms covering market access, origin rules, trade remedies and dispute settlement.
India and the Southern African Customs Union have signed Terms of Reference to commence negotiations for a Preferential Trade Agreement. Negotiations are envisaged on trade in goods and market access, rules of origin, customs procedures and trade facilitation, trade remedies including bilateral safeguards, sanitary and phytosanitary measures, technical barriers to trade, dispute settlement, and legal and horizontal provisions. The Terms of Reference establish the negotiating framework only; preferential tariff treatment and other operative commitments depend on conclusion of a final agreement.
August 12, 2026
Show AI Summary
Prepaid plan restructuring eliminates mid-tier daily-data options and channels subscribers toward higher-priced plans with expanded data access.
Bharti Airtel has discontinued prepaid plans combining 1.5 GB daily data allowances with unlimited calling, directing subscribers towards higher-priced plans with expanded data access, including unlimited 5G data. The restructuring reduces low-priced unlimited-data offerings and changes the pricing architecture for customers using discontinued mid-tier plans. Management links tariff repair to differentiated mobile-plan categories and sustained average revenue per user growth.
August 12, 2026
Show AI Summary
Insolvency professional conduct faces money-laundering allegations over re-admitted claims, creditor committee changes, and a connected resolution applicant.
Enforcement action under the Prevention of Money Laundering Act concerns allegations that an insolvency professional re-admitted claims earlier rejected as spurious and fraudulent during the Corporate Insolvency Resolution Process. The alleged re-admission altered the Committee of Creditors' composition and facilitated consideration of a resolution plan allegedly submitted for, and funded through an entity controlled by, a company promoter under investigation for diversion of bank-loan funds. Adverse findings reportedly included acting beyond authority by relying on fabricated and improperly submitted material.
August 12, 2026
Show AI Summary
Identity document forgery allegations prompt investigation into fraudulent Aadhaar updates and falsified government and educational certificates.
Alleged forgery and misuse of identity-related records are under investigation following operations at Aadhaar centres. Seized materials reportedly include forged birth, educational, residence, caste and citizenship certificates, records bearing forged signatures and seals, and equipment used for Aadhaar updates. Four persons were arrested in two operations for allegedly preparing forged records and using them to update Aadhaar cards. Cases have been registered under relevant provisions of the Bharatiya Nyay Sanhita, with investigation continuing into the extent of the alleged network.
August 12, 2026
Show AI Summary
Holding-company governance succession follows leadership departure, requiring transition planning amid unresolved strategy, capital allocation, board representation and listing questions.
Tata Sons' leadership succession and governance framework have become central following the chairman's decision not to seek reappointment when his term ends in February 2027. The board has been asked to decide on a successor promptly. Unresolved matters include the strategic roadmap, losses and capital requirements in newer businesses, board representation, capital allocation, an exit route for the Shapoorji Pallonji Group, and the possible listing of Tata Sons. Future leadership must manage these issues while improving returns from investment-intensive businesses and maintaining established operations.
August 12, 2026
Show AI Summary
Interest-rate regulation for loans and advances proposes harmonised fixed and floating loan-pricing principles across regulated entities.
Interest-rate regulation for loans and advances is proposed to be harmonised across all regulated entities through a principles-based framework for fixed-rate and floating-rate loans. The framework would be calibrated to each entity's nature, complexity and scale, while supporting monetary policy transmission, credit-risk-based pricing, and fair, non-discriminatory borrower treatment. It addresses divergent commercial-bank practices in determining the marginal cost of funds-based lending rate and its components, alongside limited regulatory coverage of fixed-rate loans. Separate final directions are intended for each category of regulated entity after consideration of feedback.
August 12, 2026
Show AI Summary
Elevated crude oil prices and Tata leadership transition drove broad equity market selling amid inflation concerns.
Indian equity markets declined amid elevated crude oil prices, inflation concerns and broad risk-off selling. Tata Group shares, particularly TCS, came under pressure after N. Chandrasekaran announced that he would not seek reappointment as Tata Sons Chairman when his current term ends. Crude oil prices approaching the USD 90-per-barrel level affected investor confidence because of potential inflationary effects, while uncertainty over United States-Iran negotiations and Strait of Hormuz shipping disruptions added to global energy market concerns.
August 12, 2026
Show AI Summary
Trade sovereignty and energy security underpin calls to resist tariff pressure and protect sensitive sectors in bilateral negotiations.
Trade sovereignty and energy security are advanced as grounds for resisting tariff pressure linked to Indian purchases of Russian crude. Bilateral trade negotiations should proceed through equality, reciprocity and mutual respect without compromising agriculture, dairy, energy security or strategic autonomy. Concerns are also raised over removal of e-commerce inventory restrictions for foreign direct investment and over proposed Merchant Discount Rate charges on UPI transactions. Withdrawal of the inventory measure and opposition to payment-provider charges are urged, alongside possible restrictions on United States technology and social-media companies and consumer boycotts of American goods and services.
August 12, 2026
Show AI Summary
Fair trading practices and circular production are promoted to strengthen Make in India and expand global market participation.
Trade and industrial policy messaging encourages businesses to digitise operations, adopt good manufacturing practices, follow fair trading practices, and promote recycling, reuse and a circular economy. Nine free trade agreements are identified as creating preferential market-access opportunities for Indian industry and businesses. MSMEs, entrepreneurs, farmers, fishermen, workers and the services sector are encouraged to expand Indian products and services globally, improve competitiveness through scale, and strengthen the quality, design and brand value associated with Make in India.
August 12, 2026
Show AI Summary
Private capital mobilisation requires credible long-term frameworks, risk-sharing mechanisms, and multilateral partnerships to strengthen infrastructure investment.
Private capital mobilisation in infrastructure and development finance depends on credible long-term frameworks, investor confidence, project bankability, and balanced risk allocation. Public capital is intended to catalyse rather than replace private investment. Key financing mechanisms include Viability Gap Funding, the Hybrid Annuity Model, credit enhancement, and Infrastructure Investment Trusts. Long-term investment visibility and coordinated connectivity are supported through the National Infrastructure Pipeline and PM Gati Shakti framework, alongside investment measures for freight, rail, waterways, and coastal cargo.
August 12, 2026
Show AI Summary
Judicial allowance exemptions under the new tax regime remain disputed, with return processing and resulting demands kept in abeyance.
Tax treatment of specified judicial allowances under the new income-tax regime is disputed. Statutory service-condition provisions are asserted to exclude allowances, including official residence, conveyance, sumptuary allowance and leave travel concession, from income computation and to override the Income-tax Act. Pending consideration, affected judges may show these amounts as receipts not in the nature of income, and their returns are not to be processed further. Any resulting demand remains in abeyance, while refundable amounts are withheld subject to the pending proceedings.
August 12, 2026
Show AI Summary
Corporate closure data highlights worker-claim treatment through insolvency adjudication and liquidation priority, while affected-worker information remains unmaintained.
Corporate closure data recorded 36,211 private companies in Maharashtra as liquidated, dissolved or struck off during the preceding five financial years. Central information is not maintained on workers affected by closures or special rehabilitation packages. In corporate insolvency resolution, employee and worker claims are adjudicated under orders of the adjudicating authority. In winding-up or liquidation, the liquidator deals with pending wages and other admissible statutory dues, subject to available funds and the statutory order of priority.

News

Back

All News

Showing Results for :
Reset Filters
No Records Found

News

Back

All 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