i (TO BE PUBLISHED IN PART -IV OF THE DELHI GAZETTE E~TRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELID. I .. '-j (DEPARTMENT OF LAW, JUSTIC~ AND LEGISLATIVE AFFARIS) 8TH LEVEL, C-WING, DELHI SECRETARIAT, NEW DELli . '. . t~ , No. F.'14(6)/LA-2015/ cQns2Iaw!2r2~J2..;€, Dated ~h July, 2015 NOTIFICATION NO. F.14(6)/LA-2015/ cons2law/ -. The following Act of the Legislative Assembly of the National Capital Territory of Delhi received the assent of the.Lt, Governor of Delhi on the io" July, 2015 and is hereby published for general information:- . . "THE DELID VALUE ADDED TAX (rd AMENDMENT) ACT, 2015 (DELli ACT ,05 OF 2015) (As passed by the Legislative Assembly of the National Capital Territory ~f Delhi on the 30tl1 June, 2015) . [1Ot,~July, 2015] An Act to further amend the Delhi Value Added Tax.Act, 2004 (3 of2005). BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty-sixth year of the Republic ofIndia as follows.i '
1. Short title, extent and commencement- (i) This Act may be called the Delhi Value Added Tax (Second Amendment) Act, 2015.
(ii) It extends to the whole of the National Capital Territory of Delhi.
(iii) It shall come into force on such date as the Government may,. by notification in the official Gazette, ~ppoint:
Provided that different dates may be appointed for different provisions of this Act.
2. Amendment of section 4.- In the P!incipal Act, in section 4, in sub-section
(l),for clause (c), the following clause shall ~e substituted, namely:- . "(c) in respect of goods specified in the ~ourth Schedule, at the rates specified therein against the description of goods:
Provided that the rate of tax in respect of goods specified in the Fourth Schedule shall be higher' than the rate of tax applicable under clause (e) of this. sub-section but shall not be more than thirty paise in the rupee;".
3.· Amendment of section 8.- In the pripcipal Act, in section 8,-
(i) in sub-section (1), for clause (c), the following clause shall be substituted, narnely:- . ~ 1'4\orll' \ " (c) the previously agreed co~side~ation for that sale has been altered by agreement with the recipient for any reason except where a discount or incentive is offered through a credit note after issuance of tax invoice in I . respect of a sale to a registered dealer;": and . i ! /, ....
(ii) in sub-section (2), after clause (b), the following explanation shall be inserted, narnely:- "Explanation : Credit notes issued on account of post sale discounts or incentives will be independent of tax component and no adjustments in the output tax would be required to be made.".
4. Amendment of Section 10.-In the principal Act, in section 10,-
(i) for sub-section (I), the following sub-section shall be substituted, namely:- "(1) Subject to sub-sections (1) and (2) of section 8, where any purchaser has . , been issued with a credit note or debit note in terms of section 51 of this Act or if he returns or rejects goods purchased, as a consequence of which the tax credit claimed by him in any tax period in respect of which the purchase of goods relates, becomes short or excess, he shall compensate such short or excess by adjusting the amount of the tax credit allowed to him in respect of the tax period in which the credit note or debit note has been issued or goods are returned.
Explanation : While issuance of a, credit note of a post sale discount or incentive by a selling dealer, where no adjustment to output tax, as per the provisions of sub-sections (1) and (2) of section 8 has been made, no adjustment for reduction of input tax credit would be required by the respective buying registered dealer;"; and -,
(ii) in sub-section (5), for the starting word "Where", the words and symbol "Subject to sub-sections (1) and (2) of section 8 and conditions as may be prescribed, where" shall be substituted. i
5. Amendment of section 22.- In the principal Act, in section 22, sub-section (7) shall be omitted.
6. Amendment of section 38.- In the principal Act, in section 38, in sub-section,
(5), for the words "fifteen days", the words "forty five days" shall be substituted. . -
7. Amendment of section 51.- In the principal Act, in section 51, for the starting word "Where", the words and symbol "Subject to sub-sections (1) and (2) of . section 8, where" shall be substituted. '
8. Amendment of section 86. - In the principal Act, in section 86 - ill sub-section (5), for the words "five hundred", the words "two ; hundred" shall be substituted; .i i
(i) .,
(ii) . for sub-section (6),the following ~ub..;sectionshall be substituted, namely:- IL(6) If a registered dealer fails to comply with the provisions of subsection (2) of section 22 of this Act, he shall be liable to pay, by way of penalty, a sum equal to two hundred rupees for every day of default subject to a maximum of twenty five thousand rupees.";
(iii) in sub-section (9), for the words "five hundred", the words "two hundred" shall be substituted; ,
(iv) ill sub-section (16), for clause (b), the following clauses shall be substituted, namely:- "(b) having issued a tax invoice or retail invoice, has failed to account it correctly in his books of account; or
(c) failed to issue a tax: invoice or retail invoice as required under the provisions of section 50 of this Act;" and
(v) in sub-section (20), the explanation shall be omitted. !
9. Amendment of section 89.- In the principal Act, in section 89, in sub-section
(4), clause (c) shall be omitted. S.No. Commodity !
10. Amendment of the Fourth Schedule- In the principal Act, for the Fourth Schedule appended thereto, the following shall ~e substituted, namely:- i The Fourth Schedule (see sechon 4) II r-----.---------------------~--~----------~------~----- r-----~------------~------~--~--------~_+----~--~--- Petroleum Products other than liquid petroleum gas, piped natural gas, Compressed Natural Gas and Kerosene such as !
(i) ,Naptha; - i
(ii) Aviation Turbine Fuel; !
(ill) Spirit; ,
(iv) Gasoline; !
(v) Furnace oil;
(vi) Wax (except petroleum-wax used for manufacture of candles);'
1. '~1 . "11t)~} 1 Rate of Tax Twenty paise in the rupee /, - / \ i \'- ,
(vii) Mixture and combination of above I . products. !
2. Liquor (Foreign and Indian Made Foreign Liquor). Twenty paise in ; the rupee. !
3. Country Liquor. i Twenty paise in ; the rupee
4. Narcotics (Bhaang). Twenty paise in the rupee
5. Molasses. Twenty paise in ; the rupee
6. Rectilied Spirit. Twenty paise in the rupee
7. Lottery Tickets. . : Twenty paise in , the rupee
8. Brake Fluid .. ; I Twenty paise in the rupee i, I j
9. I Tobacco and Cutkha, unmanufactured tobacco, bidis I Twenty paise in I I and tobacco used in manufacture of bidis and hooka the rupee I I . I II tobacco
10. I Aerated Drinks. I Twenty paise in the rupee
11. I Watches costing above rupees five thousand. I Twenty paise in II the rupee I /I QJo---1.· -.. ~~'ll~t'<l>1I< (Vikrant Vaid) Addl. Secretary (Law, Justice & L.A.) . ,