## Report on Amendment to Delhi Goods and Services Tax Act, 2017
**1. Executive Summary:**
This report analyzes a notification issued by the Government of the National Capital Territory of Delhi, amending the existing Delhi Goods and Services Tax (DGST) Act, 2017. The amendment, effective from April 1, 2022, involves the removal of certain items from Schedule I and the addition of new items related to fly ash bricks, siliceous earth bricks, building bricks, and roofing tiles to Schedule II. The core purpose is to revise the tax structure by modifying the classification of certain goods under the DGST Act. Key findings include the specific additions and omissions, their effective date, and the potential impact on businesses involved in the manufacturing and supply of these construction materials.
**2. Introduction:**
This report aims to provide a comprehensive overview of the amendment to the Delhi Goods and Services Tax (DGST) Act, 2017, as outlined in Notification No. 01/2022-State Tax Rate, dated June 27, 2022. The analysis is based solely on the text of the notification provided and seeks to inform stakeholders about the changes to the Act and their implications.
**3. Policy Overview:**
* **Original Policy:** Delhi Goods and Services Tax (DGST) Act, 2017, specifically referencing Notification No. 1/2017-State Tax Rate, dated June 30, 2017, and subsequent amendments.
* **Core Objective(s):** Based on the text, the objective of the Act and its amendments is to define and regulate the application of the Goods and Services Tax within the National Capital Territory of Delhi. This includes specifying tax rates for various goods, as evidenced by the changes made to Schedules I and II.
**4. Background and Rationale:**
This amendment seems designed to refine the categorization and tax rates applicable to specific construction materials, particularly those related to fly ash and earthen products. The inclusion of fly ash bricks and blocks suggests a potential incentive or a clarification of their tax status, possibly to promote environmentally friendly building materials. The deletion of items from Schedule I indicates a realignment of tax rates or categories.
**5. Key Provisions / Changes:**
This notification amends the DGST Act, 2017, by making the following changes:
* **Deletion from Schedule I:** Serial numbers 225B, 226, 227, and 228 and their associated entries are removed. *The text does not specify what these entries are; therefore, the specific impact of this deletion cannot be determined from the document*.
* **Addition to Schedule II:** The following items are added after serial number 176A:
* **176B:** Fly ash bricks or fly ash aggregate with 90% or more fly ash content; Fly ash blocks (HSN Code 6815)
* **176C:** Bricks of fossil meals or similar siliceous earths (HSN Code 6901 00 10)
* **176D:** Building bricks (HSN Code 6904 10 00)
* **176E:** Earthen or roofing tiles (HSN Code 6905 10 00)
The *effect* of these changes is to *reclassify* these specific types of bricks and tiles under Schedule II of the DGST Act, potentially altering their applicable tax rate. *The original tax rate of the new entries as well as the previous tax rate of the deleted entries cannot be ascertained from the provided text.*
**6. Target Audience and Stakeholders:**
The primary target audience and stakeholders affected by this amendment are:
* Manufacturers and suppliers of fly ash bricks and blocks, siliceous earth bricks, building bricks, and roofing tiles within the National Capital Territory of Delhi.
* Construction companies and builders operating in Delhi who utilize these materials.
* Tax professionals and consultants advising businesses in these sectors.
**7. Implementation Aspects (Inferred):**
* **Responsible agency/bodies:** The Department of Finance (Expenditure-VI) of the Government of the National Capital Territory of Delhi is responsible for implementing this notification. The Lieutenant Governor of Delhi approved this notification based on recommendations from the Council (likely the GST Council).
* **Timelines:** The notification is effective from April 1, 2022. This implies that businesses should have already adjusted their tax practices to reflect these changes.
* **Changes Specific Implementation:** Businesses involved in the newly classified goods must ensure their invoices and tax filings accurately reflect the updated schedule and associated tax rates.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of these specific changes are:
* **Clarity in Tax Classification:** The amendment provides clarity on the tax treatment of fly ash bricks, siliceous earth bricks, building bricks and roofing tiles.
* **Potential Impact on Fly Ash Product Industry**: Subject to rate changes, the inclusion of fly ash products could promote their use in construction.
* **Compliance and Revenue:** Ensure appropriate GST collection based on the updated classifications.
**9. Conclusion:**
The amendment to the Delhi Goods and Services Tax (DGST) Act, 2017, through Notification No. 01/2022-State Tax Rate, represents a refinement of the tax structure as it applies to specific construction materials within Delhi. The addition of fly ash bricks, siliceous earth bricks, building bricks, and roofing tiles to Schedule II, coupled with the deletion of unspecified items from Schedule I, signifies a recalibration of tax rates and classifications. This amendment has significant implications for manufacturers, suppliers, and consumers of these materials, requiring them to adapt their practices to ensure compliance.
Key Entities Referenced
Delhi: Place; National Capital Territory of Delhi, India
Delhi Goods and Services Tax Act, 2017: Law; Act 03 of 2017, enacted by the government
Lieutenant Governor of the National Capital Territory of Delhi: Position; Constitutional head of the National Capital Territory of Delhi
Council: Organisation; Refers to a council whose recommendations are being followed
Department of Finance ExpenditureVI: Organisation; Department of the Government of National Capital Territory of Delhi
Gazette of Delhi: Policy Document; Official publication of the Government of National Capital Territory of Delhi
Notification No.12017State Tax Rate, dated the 30th June, 2017: Policy Document; Notification regarding State Tax Rate
F.315FinRevI201718DSVI382: Policy Document Number; reference number for the Notification No.12017State Tax Rate
Notification No. 212021 State Tax Rate, dated the 23rd March, 2022: Policy Document; Notification that amended the principal notification
F.3167Fin.ExpI2021 22DSI205: Policy Document Number; reference number for the Notification No. 212021 State Tax Rate
Manoj Kumar: Person; Dy. Secy.I Finance
Fly ash: Important Entity; Raw Material.
रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99
भारत स रकार
GOVERNMENT OF INDIA
एस.जी.-डी.एलx.x-xअG.I-D2H8x0x6x 2022-236866
SG-DL-xEx-x2G8I0D6E2x0xx2 2-236866
असाधारण
EXTRAORDINARY
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
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No. 339] DELHI, MONDAY, JUNE 27, 2022/ ASHADHA 6, 1944 [N. C. T. D. No.154
भाग IV
PART IV
राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
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FINANCE (EXPENDITURE-I) DEPARTMENT
NOTIFICATION
Delhi, the 27th June, 2022
No. 01/2022-State Tax (Rate)
No. F. 3(8)/Fin.(Exp-I)/2022-23/DS-I/539.—In exercise of the powers conferred by sub-section (1)
of section 9 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), the Lieutenant Governor of the
National Capital Territory of Delhi, on the recommendations of the Council, hereby makes the following
further amendments in the notification of the Government of National Capital Territory of Delhi, in the
Department of Finance (Expenditure-VI), No.1/2017-State Tax (Rate), dated the 30th June, 2017, published
in the Gazette of Delhi, Extraordinary, Part IV, vide number F.3(15)/Fin(Rev-I)/2017-18/DS-VI/382, dated
the 30th June, 2017, namely:-
In the said notification, -
(a) in Schedule I – 2.5%, serial numbers 225B,226, 227, 228 and the entries relating thereto shall be
omitted;
(b) in Schedule II – 6%, after serial number 176A and the entries relating thereto, the following
serial numbers and entries shall be inserted, namely: -
“176B 6815 Fly ash bricks or fly ash aggregate with 90 per cent. or more fly ash content;
Fly ash blocks
176C 6901 00 10 Bricks of fossil meals or similar siliceous earths
176D 6904 10 00 Building bricks
176E 6905 10 00 Earthen or roofing tiles”.
2. This notification shall come into force on the 1st day of April, 2022.[PART IV DELHI GAZETTE : EXTRAORDINARY 3
Note: - The principal notification No.1/2017-State Tax (Rate), dated the 30th June, 2017, was published in
the Gazette of Delhi, Extraordinary, Part IV, vide number F.3(15)/Fin(Rev-I)/2017-18/DS-VI/382, dated the
30th June, 2017, and was last amended by notification No. 21/2021 – State Tax (Rate), dated the 23rd March,
2022, published in the Gazette of Delhi, Extraordinary, Part IV, vide number F.3(167)/Fin.(Exp-I)/2021-
22/DS-I/205, dated the 23rd March, 2022.
By Order and in the Name of the
Lt. Governor of the National Capital Territory of Delhi,
MANOJ KUMAR, Dy. Secy.—I (Finance)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.