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THE DELHI VALUE ADDED TAX (AMENDMENT) ACT, 2013
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Net tax payment and phased input tax credit restructured, with penalty relief for voluntary disclosure upon prompt payment.
The Amendment revises definitions and valuation for imported goods, mandates payment of a dealer's net tax within twenty-one days after each calendar month independent of return filing, restructures phased allowance of input tax credit with initial and subsequent year instalments, restricts composition scheme dealers from opting for standard taxation where composition is notified, and adjusts administrative provisions including audit expense responsibility, publicisation of cancelled registrations, expanded serving officers, modified time limits, altered TDS treatment for unregistered sub-contractors, and penalty reduction on voluntary disclosure plus prompt payment.
In supersession of Notification No..F.7(433)/Policy-II/VAT/2012/585-595 dated 05.09.2012 and all the subsequent notifications regarding submission of information in Form T-2
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Prior online submission of invoice and goods receipt details required before goods enter Delhi for specified dealers.
Dealers must submit details of invoices and goods receipt notes for goods received as stock transfers from outside Delhi online, using their login id and password, before the goods physically enter the Delhi boundary, and must use the revised Form T-2; the requirement takes effect immediately for dealers meeting the specified turnover threshold with applicability to other dealers to be notified later.
AMENDMENTS In the Sixth Schedule of the Delhi Value Added Tax Act, 2004-(Delhi Act 03 of 2005), a new entry at Sl.No.30 after Sl.No.29 of Part-B of Sl.No.1 shall be inserted namely:- "(30) United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP-SSWA), New Delhi."
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Schedule amendment: inclusion of UNESCAP-SSWA in Delhi VAT Sixth Schedule, granting specified schedule status under VAT.
An administrative amendment inserts "United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP-SSWA), New Delhi" as a new entry at Sl. No.30 in Part B of the Sixth Schedule to the Delhi Value Added Tax Act, 2004, effected by the Commissioner of Value Added Tax following a reciprocity request from the Ministry of External Affairs and exercise of statutory powers.
Notification regarding submission of information in Form T-2
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Form T-2 submission requirement imposed for high turnover dealers with later rollout for others under Delhi VAT.
Commissioner of Value Added Tax directs submission of information in Form T-2, partially modifying a prior notification and establishing a staggered commencement: higher turnover dealers (excluding those dealing exclusively in tax-free goods) must comply from the specified effective date, while all other dealers will be required to comply from dates to be notified later; the notification is circulated for publication and departmental action.
AMENDMENTS in the Sixth Schedule of the Delhi Value Added Tax Act, 2004- (Delhi Act 03 of 2005), in the entry at Sl. No. 13 in part-B "European Commission" shall be substituted by the new word "European Union"
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Schedule amendment: substitution of 'European Commission' with 'European Union' for VAT exemption/refund eligibility under Delhi VAT Act.
Amendment to the Sixth Schedule substitutes the entry at Part B Sl. No. 13, replacing the designation European Commission with European Union, under powers conferred by sub section (2) of Section 103 of the Delhi Value Added Tax Act, 2004, to reflect the delegation name change arising from the Treaty of Lisbon amendment and to ensure VAT exemption/refund facilities associated with the delegation apply under the revised name.
Notification regarding regarding submission of information in Form T-2
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Form T-2 information requirement applies to high-turnover dealers from the announced effective date; applicability for others deferred.
The Commissioner directed phased enforcement of Form T-2 information submission: dealers above the gross turnover threshold (excluding exclusively tax-free dealers and wholly exporters) must comply from the announced effective date, while applicability to other dealers will be notified later; the notification also mandates publication, departmental circulation, public notice and website upload to secure compliance.
Notification regarding Composition Scheme
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Delhi composition scheme for works contracts sets turnover-based tax rates, procurement limits and record, TDS and withdrawal rules.
Provides a composition scheme for registered dealers executing works contracts in Delhi with tabled composition tax rates applied to turnover as defined by total consideration for transfer of property in goods together with labour and service charges. Dealers choose Scheme A (no outside-Delhi procurements/sales except plant/equipment) or Scheme B (permitted inter-state/import procurements for use in Delhi), must forgo input tax credits, maintain specified records, pay tax on opening stock when opting in, file and pay quarterly/ monthly as prescribed, and comply with TDS, withdrawal, and default consequences under the Act.
Notification regarding procedure and form for filing Audit Report.
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Delhi VAT audit reports: Form AR-1 mandatory for eligible dealers; auditors must certify, attach enclosures and report deficiencies.
Notification requires dealers above the prescribed turnover threshold to file the audit report in Form AR-1 in duplicate within seven and a half months from year end, with exemptions for dealers exclusively in First Schedule goods and wholly export turnovers. Form AR-1 is mandatory for auditors and is divided into multiple parts covering certification, verification of returns, computation of DVAT and CST turnovers and taxes, purchases, sales against declaration forms, TDS, financial analysis, questionnaires and annexures; auditors must certify all parts, attach specified enclosures, report deficiencies, and compute any differential tax liability where documents are incomplete.
Regarding submission of information in T-2 and effective date of implementation
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Threshold-based VAT information submission requires staged compliance dates for large dealers and a later start for other dealers.
Directive requiring staged submission of Form T-2 under the Delhi VAT regime, establishing threshold-based reporting obligations with three compliance classes and corresponding effective dates: (1) dealers exceeding specified gross turnover and aggregate tax liability thresholds to commence submission from an earlier date; (2) dealers reaching those thresholds in the current year to begin submission from that date or upon first attaining the thresholds, whichever is earlier; and (3) all other dealers to commence on a later universal start date; administrative circulation for publication and IT upload accompanies the schedule.
Oriental Bank of Commerce and Vijaya Bank added for e-tax payment.
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E-payment mandate for VAT collection: banks designated as government treasuries enable electronic tax deposits under DVAT.
Notification designates Oriental Bank of Commerce and Vijaya Bank as appropriate Government Treasuries for deposit of Value Added Tax dues under the DVAT Act, effective immediately, subject to conditions including timely remittance to the RBI DVAT Account, interest on delayed remittances at bank rate plus a margin, deployment of on-line computerized collection counters with department-specified software and MIS/electronic reporting, and compliance with the Information Technology Act. Payments through these banks must be made via the Department's electronic portal, with specified exemptions for certain government contractees.
Acceptance of TDS cheques from these contractees (TAN Holders), who choose to pay through off -line mode.
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Exemption from mandatory electronic payment permits government contractees to pay DVAT offline via TDS cheques at designated bank branch.
Certain TAN-holder contractees from Central, State, Union Territory and local government entities are exempted from mandatory electronic payment of tax, interest, penalty or other amounts under the Delhi Value Added Tax Act, 2004; the Commissioner authorizes the Punjab & Sind Bank branch at Vyapar Bhawan, New Delhi to accept TDS cheques from those contractees who choose to pay in offline mode.
Date of coming into force the Delhi Value Added Tax (Fourth Amendment) Act, 2012 dated 28.12.2012
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Commencement date: Delhi Value Added Tax Amendment Act designated to come into force by executive notification.
Exercising the power under sub section (3) of section 1 of the Delhi Value Added Tax (Fourth Amendment) Act, 2012, the Lieutenant Governor appoints a specific date as the day on which the Amendment Act shall come into force; the notification is issued by the Finance (Revenue 1) Department for publication in the Delhi Gazette Extraordinary.
Amendment in Sixth Schedule relating to the List of International Organisation which can claim refund w.e.f 01.01.2013 - (68A) Republic of Niger, New Delhi has also been inserted in respect of official purchases of its diplomats subject to Minimum Invoice value eligible for refund shall be Rs.5000/
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VAT exemption for diplomatic official purchases: Republic of Niger added to eligible list; refund subject to minimum invoice requirement.
Addition of the Republic of Niger, New Delhi to the Sixth Schedule list permits VAT exemption/refund for its official purchases; the refund is subject to a minimum invoice value eligible for refund of Rs.5000 and is effective from 01.01.2013, modifying the entry in Part A, Sl. No.1 (sub-entry 68A) of the Sixth Schedule.
Amendment in Sixth Schedule relating to the List of International Organisation which can claim refund w.e.f 01.01.2013 - Republic of South Sudan, New Delhi has also been inserted in respect of official purchases and for personal purchases of its diplomats subject to Minimum Invoice value Rs. 5000/-
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VAT exemption/refund: Republic of South Sudan added to eligible list, covering official and diplomats' purchases subject to minimum invoice requirement.
The Sixth Schedule is amended to add the Republic of South Sudan, New Delhi, permitting VAT exemption/refund for official purchases by the mission and for personal purchases by its diplomats, made under the Commissioner's powers under Section 103(2) of the Delhi Value Added Tax Act, 2004. The entitlement is subject to a minimum invoice value threshold and takes effect from 01.01.2013, with administrative circulation for implementation.
Submission of information in Form T-2 come into force with effect from the 01st February, 2013.
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Submission of Form T-2: implementation made effective from 1 February after partial modification of prior notifications.
The Commissioner of Value Added Tax, exercising powers under the Delhi Value Added Tax Act, directs that notifications concerning submission of information in Form T-2 are partially modified so that submission requirements shall come into force with effect from 01 February 2013, and circulates the notification for departmental publication, web upload and wider dissemination to relevant officials and bodies.
Revoke the monetary limit of 'one thousand and five hundred rupees' prescribed - Eligible for Claiming Refund of tax Borne in respect of Purchase Made Against a Single Tax Invoice which exceeds the amount of 'five thousand rupees' excluding tax paid
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Refund eligibility for purchases against a single tax invoice expands after revocation of prior monetary limit, broadening claim access.
The notification revokes the earlier monetary cap of one thousand five hundred rupees and provides that organisations listed in the Sixth Schedule shall be eligible to claim refund of tax borne on purchases made against a single tax invoice exceeding five thousand rupees (excluding tax). The change is effected under the relevant Delhi VAT Rules and is effective from 01.01.2013.
No security required for New DVAT Registration till 31-March-2013
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Registration security waiver: DVAT applicants before the administrative deadline are not required to furnish security for registration.
No security deposit is required from dealers seeking registration under the Delhi Value Added Tax scheme who apply to the Department on or before the administrative cutoff; the Commissioner has directed that such applicants need not furnish security as a condition of registration, and the directive takes immediate effect.

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