(TO BE PUBLISHED IN PART IV OF THE DELHI GAZE’I’I‘E EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI FINANCE (REVENUE-I) DEPARTMENT DELHI SACHIVALAYA, LP. ESTATE: NEW DELHI-110 002 No. as (48)]Fin (Rev-I)/2019-20/DS-Vl/¢Q3 Dated:
/,2/,7//7 THE DELHI GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2019 Order No. 01/2019-Stutc Tax No. F.3 (48)/Fin (Rev-I)/2019-20/- WHEREAS, subsection (l) of section [0 of the Delhi Goods and Services Tax Act, 20l7 (03 of 2017) (hereafter in this Order referred to as the said Act) provides that-
(i) a registered person engaged in the supply of services, other than supply of service referred to in clause (b) of paragraph 6 of Schedule II to the said Act, may opt for the scheme under the said subsection;
(ii) a person who opts for the said scheme may supply services (other than those referred to in clause
(b) of paragraph 6 of Schedule II to the said Act), of value not exceeding ten per cent. oftumover in a State in the preceding financial year or five lakh rupees, whichever is higher;
AND WHEREAS. clause (a) of sub-section (2) of section IO of the said Act provides that the registered person shall be eligible to opt under sub-section (I), if, save as otherwise provided in sub~ section(l), he is not engaged in the supply ofservices;
AND WHEREAS, rendering of services as part of the savings and investment practice of business, by way of extending deposits, loans or advances, in so far as the consideration is represented by way of interest or discount, is resulting in their ineligibility for the aforesaid scheme, causing hardships to a lot of small businesses and because of that, certain difficulties have arisen in giving effect to the provisions ofsection 10;
NOW, THEREFORE, in exercise of the powers conferred by section 172 of the Delhi Goods and Services Tax Act, 2017 and in supersession of the Delhi Goods and Services Tax (Removal of Difficulties) Order, 20l7, No, 01/2017-State Tax, dated the 1" December 20l7, published in the Gazette of Delhi, Extraordinary, Part-[V vide number No F.3 (66)/Fin (Rev-l)/ZOl7-18/ DS-Vl/782, dated the 1" December 20l7. except as respects things done or omitted to be done before such supersession, the Lt. Governor of National Capital Territory of Delhi, on recommendations of the Council, hereby makes the following Order, namely: — Short title. —This Order may be called the Delhi Goods and Services Tax (Removal of Difficulties) Order, 2019.
For the removal ofdifliculties, it is hereby clarified that the value of supply ofexempt services by way ol‘extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be taken into account-
(i) for determining the eligibility for composition scheme under second proviso to sul» section (l) ofsection l0;
(ii) in computing aggregate turnover in order to determine eligibility for composition scheme.
This order shall come into force with effect from the OI‘I day of February, 2019.
By order and in the name ofthe Lt. Governor ufthe National Capital Territory of Delhi Dy. Secretary VI (Finance) No. as (48)/Fin (Rev-l)/2019-20/DS-Vl/ q; 3 Dated:
fishy/.7 Copy forwarded for infomiation to:- l.
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\Jlil/ The Addl. Chief Secremry (Finance), Govemment ofNCT ofDelhi, Delhi Sachivalaya, Delhi The Principal Secretary (GAD), Government ofNCT of Delhi with the request to publish the notification in Delhi Gazette Pan-IV (Extraordinary) in today’s date.
The Principal Secretary to the Hon’ble Lieutenant Governor, Delhi The Additional Secretary to the Hon‘ble Chief Minister, Government ofNCT of Delhi, Delhi Sachivalaya, LP Estate, New Delhi The Secretary to Finance Minister, Govt. of NCT of Delhi. Delhi Sachivalaya, l.l’. Estate, New Delhi The PA. to the Leader ofOpposition, Z9, Delhi Legislative Assembly, Old Secretariat, Delhi.
The Commissioner, State Tax, Delhi, Vyapar Bhawan, LP. Estate, New Delhi.
The Additional Secretary (Law), Government of NCT of Delhi, Delhi Sachivalaya, LP.
Estate, New Delhi OSD to Chief Secretary, Government of NCT of Delhi, Delhi Sachivalaya, Ll’. Estate, New Delhi.
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Dy. Secretary Vl (Finance)