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Delhi Value Added Tax (Amendment) Act, 2013

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....F 2013) (As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 29th August, 2013) [ 5th September, 2013] An Act to further amend the Delhi Value Added Tax Act, 2004. BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty-fourth year of the Republic of India as follows:- 1. Short title, extent and commencement.- (1) This Act may be called the Delhi Value Added Tax (Amendment) Act, 2013. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such date as the Government may by notification in the official Gazette, appoint. 2. Amendment of section 2- In the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of 2005), ....

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....laim in the manner described in section 38 and section 39 of this Act. Explanations-1. Refund can be claimed at the end of a tax period only. 2. Excess tax credit should not be carried forward to the next year. 3. Refund of excess tax credit carried forward from previous years should be claimed in any of the remaining tax periods of year 2013-2014 but not later than the last tax period ending on 31.03.2014. 4. Excess tax credit remaining at the end of a tax period can either be claimed as refund or carried forward to next tax period of the same year. 5. Excess payment made inadvertently shall also be treated as credit in a month or tax period as the case may be.". 4. Amendment of section 25.- In the principal Act, in section 25, in su....

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....f business as recorded in his certificate of registration, as and when required by the Commissioner. Explanation: The dealer may maintain and retain soft copy of the records as means of compliance with the requirement of this sub-section.". 7. Amendment of section 58A.- In the principal Act, in section 58A, for sub-section (1), the following shall be substituted, namely:- (1) "if the Commissioner, having regard to. (a) the nature and complexity of the business of a dealer; or (b) the interest of the revenue; or (c) volume of accounts; or (d) doubts about the correctness of the accounts; or (e) multiplicity of transactions in the accounts; or (f) specialised nature of business activity; or (g) non-production of all records and acco....

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.....". (ii) the second proviso of sub-section (2) shall he deleted. (iii) in sub-section (5), for the word `one' the word `five' and for the word `five' the word `ten' shall be substituted. (iv) in sub-section (6) for the word `hundred' the word `thousand' and for the word `five' the words "twenty five" shall be substituted. (v) for sub-section (9), the following shall be substituted, namely:- (9) "If a person required to furnish a return under Chapter V or to comply with a requirement in a notification issued under section 70 of this Act (a) fails to furnish any return by the due date; or (b) fails to furnish with a return any other document that is required to be furnished with the return; or (c) being required to revise a return alr....

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....housand rupees or twenty per cent of the tax deficiency, if any, whichever is greater.". (vii) in sub-section (19), for the word 'forty', the word `twenty' shall be substituted. (viii) In sub-section (22), for the word `ten', the words `twenty five' shall be substituted. (ix) after sub-section (23), the following shall be inserted, namely.- "(24) Any person, who contravenes any of the provisions of this Act or any rules made thereunder for which no penalty is separately provided under the Act, shall be liable to pay a penalty of ten thousand rupees.". 11. Amendment of section 89.- In the principal Act, in section 89,- (1) in sub-section (4), in clause (h), for the word and figure "section 59", the word and figures "sections 58, 58A or....