VAT, Indirect Tax, VAT – Delhi
Delhi VAT Circular No. 9 dated 9 June 2011 [No. F.6(85)-Policy-VAT-2011-147-154]
09 Jun 2011
Central Sales Tax Act 1956 – Framing of assessments
Section 9(2) of CST Act, 1956 empowers the assessing authorities to frame assessments in accordance with the provisions contained in general sales tax law of the appropriate state which is Delhi Value Added Tax act, 2004 in case of Delhi.
2. Circular for framing central assessments have been issued in the past also. Circular No. 13 of 2007-08 dt 30/01/08 and Circular No. 15 of 2006-07 dt. 30/03/07 may also be referred in this regard.
3. The time limit for furnishing statutory forms is three months after the end of each quarter to which the declarations or statutory forms relates. Second provision to Rule 12(1) of Central Sales Tax (Registration and Turnover) Rules, 1957 provides for covering all transaction of sale, which take place in a quarter of financial year between same two dealers. The prescribed time of three months is sometimes extended to a quarter or more than quarter at times centrally by Commissioner, VAT in exercise of the powers conferred under relevant provisions of Central Sales Tax (R and T) Rules, 1957 and DVAT Rules, 2005.
4. It has also come to notice that some assessing authorities are issuing manual assessment order in contravention of instructions contained in Circular No.15 of 2006/07.
5. In order to liquidate all pending assessments of deficient central statutory forms cases, it has been decided to adher to following time schedule:
||Date by which assessments to be completed
||Qtr. II Qtr. III and Qtr. IV
6. If time permits, assessing authorities may take up the cases for assessment even before the dates indicated in Col. 4 above. However, no case pertaining to any year for deficiency of statutory forms should remain un-assessed beyond the dates indicated above, it shall be personal responsibility of each Assessing Authority in respect of their assigned work.
7. While taking up a case for assessment due to deficiency of statutory forms, other aspects like scrutiny of balance sheet (for dealer having GTO > Rs.40.00 lakh), timely filing of returns, timely payment of due tax under both the Acts, tax credit availed on purchased locally, adjustment of tax credit, reversal of tax credit on transfer of goods after local purchase, tally of return version with balance sheet etc., may also be looked into.
8. For dealers who are not engaged in central sale in particular period/year, no reconciliation is required.
9. This issues with the approval of Commissioner, VAT.
THE DELHI VALUE ADDED TAX (AMENDMENT) ACT,2009 (DELHI ACT 01 OF 2010)
(As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 16th December,2009)
(Date of Approval -1st January, 2010)
Published in Notification Dated 6-1-2010 [F.14(16)/LA-2009/LJ/10/LC LAW/1]
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 Sixtieth Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(l) This Act may be called the Delhi Value Added Tax (Amendment) Act, 2009.
(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 4.- Inthe Delhi Value Added Tax Act, 2004 (Delhi Act 3 of 2005)(hereinafter referred to as “the principal Act”), in Section 4, in sub-section (1),for clause (b), the following clause shall be substituted, namely:-
‘(b) in respect of goods specified in the Third Schedule, at the rate of five paise in the rupee:
Provided that tax shall be paid at the rate of four paise in the rupee of the taxable turnover of the dealer pertaining to declared goods, as defined from time to time in the Central Sales Tax Act, 1956(74 of 1956);”.
3. Amendment of Section 9.—In the principal Act, in Section 9,—
(a) in sub-section (1), for the words “where the purchase arises”, the words “to the extent of proportion of the goods which have been put to sale” shall be substituted
(b) in sub-section (2), after clause (f), the following clause shall be inserted, namely:—
“(g) to the dealers or class of dealers unless the tax paid by the purchasing dealer has actually been deposited by the selling dealer with the Government or has been lawfully adjusted against output tax liability and correctly reflected in the return filed for the respective tax period.”
4. Amendment of Section 10.—In the principal Act, in Section 10, after sub-section (4), the following sub-section shall be inserted, namely:-
“(5) Where the goods which have been purchased by a dealer are sold at a price lower than the price at which it was purchased by the dealer, the tax credit on such purchases shall be reduced proportionately in the tax period during which the goods are sold.
Explanation—The tax credit claimed on a particular purchase shall not exceed the amount of tax payable on its sale.”
5. Amendment of Section 74.—In the principal Act, in Section 74, in sub-section (10), for the Word “five”, the word “six” shall be substituted.
6. Amendment of Section 74A.—In the principal Act, in Section 74A, after sub-section (4), the following sub-section shall be Inserted, namely
“(5) Notwithstanding anything contained in any judgment, decree or order of any court, the provisions of this section shall be deemed to have come into effect with effect from the 1st April, 2005.”
7. Substitution of new section for Section 103.—In the principal Act, for Section 103, the following section shall be substituted, namely
“103. Power to amend Schedules.—(1) If the Government is of opinion that it is expedient in the interest of general public so to do, it may, by notification in the Official Gazette, add to, or omit from, or otherwise amend, the First, the Second, the Third, the Fourth, the Fifth, the Sixth, or the Seventh Schedules, either retrospectively or prospectively, and thereupon the said Schedules shall be deemed to have been amended accordingly.
Provided that no such amendment shall be made retrospectively if it would have the effect of prejudicially affecting the interests of a dealer.
(2) The Commissioner may, on the recommendation of the Ministry of External Affairs, Government of India, if he is of opinion that it is expedient in the interest of general public so to do, by a notification in the Official Gazette, add to, or omit from, or otherwise amend, the Sixth Schedule.”"
By Order and in the Name of the Lt. Governor of the NationalCapitalTerritory of Delhi,
SAVITA RAO, Jt. Secy.
Please Find enclosed the notification for effective date of change of notification.