TaxTMI 
TaxTMI 
Amends the Delhi Value Added Tax Rules, 2005
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.... be inserted at the end thereof. 3. Insertion of new rule 7B In the principal Rules, after rule 7A, the following shall be inserted, namely:- "7B.Adjustment of tax due to retrospective reduction of tax liability by virtue of the Delhi Value Added Tax (Second Amendment) Act, 2005 (Sec 4, 15 & 105(4)) A dealer, in consequence of the retrospective operation of - a) the reduced rates of tax on the turnover pertaining to declared goods involved in the execution of works contracts and the works contracts which are in the nature of printing works in accordance with the provisions of section 4; or b) the eligibility to claim input tax credit on purchase of second hand goods from the resident seller under sub-section (2) of section 15; or c) the discharge of tax liability on works contracts in accordance with the provisions of sub-section (4) of section 105, shall re-compute his tax liability and shall make adjustments on account of excess amount of tax deposited under the Act, if any, in the first return which is due to be filed after the date of notification of the Delhi Value Added Tax (Fifth Amendment) Rules, 2005: Provided tha....
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.... Provided also that the Commissioner may, by an order in writing, prescribe a tax period of one month or a quarter or six months or one year for a dealer or a class of dealers irrespective of his or their turnover." (b) for sub-rule(3), the following shall be substituted, namely:- "A dealer to whom - (a) clause (a) of sub-rule (1) applies, can opt the tax period of six months or a quarter or one month; or (b) clause (b) of sub-rule (1) applies, can opt the tax period of a quarter or one month; or (c) clause (c) of sub-rule (1) applies, can opt the tax period of one month, and the option so exercised by him during a particular year by furnishing an intimation in accordance with sub-rule (4) of this rule, shall not be changed during that year: Provided that for the year 2005-06, an option to change the tax period may be exercised with effect from the first day of October, 2005." (c) for sub-rule(4), the following shall be substituted, namely:- "(4)An intimation for change in tax period in accordance with sub-rule (1) or sub-rule (3) of this rule shall be furnished to the Commissioner in Form DVAT 55 within 15 days from the first day o....
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....- 30A. Discharge of liability in respect of a continuing works contract (Section 105(4)). (1) A dealer, registered under the Delhi Sales Tax on Works Contract Act, 1999 (Delhi Act 9 of 1999) (hereinafter referred to in this section as "the repealed Act"), who is eligible and liable to discharge his tax liability under the Act in accordance with the provisions of sub-section (4) of section 105, he shall furnish the details of all partly executed contracts as on 31^st March, 2005 to the Commissioner, in a statement in Form DVAT 53 along with his first return due to be filed after the notification of the Delhi Value Added Tax (Fifth Amendment) Rules, 2005 along with the documents and information as specified in the said Form DVAT 53 and such dealer shall compute his tax liability in the manner as given in the statement in Form DVAT 54: Provided that where a dealer fails to furnish a statement in Form DVAT 53, complete in all respects, within the time so prescribed, his liability to pay tax shall not be discharged in accordance with the provisions of sub-section (4) of section 105 and he shall be liable to pay tax at the rates specified in section 4. (2)Th....
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....ve of the date on which it is issued to the Collector or the certificate-debtor." 11. Insertion of new rules 36A and 36B In the principal Rules, after rule 36, the following shall be inserted, namely:- "36A.Form of notice for revision The notice for the purposes of sub-section (2) of section 74A shall be in Form DVAT 24B." 36B.Rectification of mistakes and review (1) The application for rectification of a mistake in any order shall be filed in Form DVAT 38B. (2) The application for review of an assessment or reassessment or order shall be in Form DVAT 38C. (3) No application for review under sub-section (5) of section 74B of an assessment or reassessment or an order shall be entertained if the application is not presented within thirty days from the date of such assessment or reassessment or order. (4) The Commissioner or any person appointed under section 66 shall be competent under sub-section (5) of section 74B to review any assessment or reassessment or order made by his predecessor in office. (5) Where a person has made an application for review of an assessment or reassessment or an order under the provisions of section 74B....
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....or the Commissioner, as the case may be, and recovered along with the amount of tax, penalty or other sums mentioned in the said recovery certificate issued by the Commissioner. (6) Where movable or immovable property is attached, the Commissioner may, instead of directing a sale of the property, appoint a person as a receiver to manage such property. (7) Where any movable or immovable property is attached and taken under management, the receiver shall, subject to the control of the Commissioner, have such powers as may be necessary for the proper management of the property and the realization of the profits, or rent and profits, thereof. (8) The profits, or rents and profits, of such movable or immovable property, shall, after defraying the expenses of management, be adjusted towards discharge of the arrears, and the balance, if any, shall be paid to the defaulter: Provided that where the balance cannot be paid to the defaulter due to any reason, the said balance shall be deposited in the Government treasury. (9) The attachment and management of movable and immovable properties may be withdrawn at any time at the discretion of the Commissioner, or ....
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....ent. However, the refund of Rs. _________________ can only be granted to you upon furnishing a security/ additional security of Rs. ________________ (in figures) __________________________________________ (in words), which i s required due to the following reasons:- 1. ___________________________________________________________ 2. ___________________________________________________________ 3. ___________________________________________________________ 4. ___________________________________________________________ You are hereby directed to furnish the security for the above-mentioned amount by_______________(Date) and provide proof thereof to the undersigned so that the refund can be processed accordingly. Place________________ Signature_________________ Date_________________ &nb....
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....p; 4………………………… Place Signature Date Designation &nbs....