Home India Government of The National Capital Territory of Delhi In exercise of the powers conferred by section 164 of the De...
Date: 2021-07-07 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by section 164 of the Delhi Goods and Services Tax Act

Issued by Government of The National Capital Territory of Delhi · Finance Department

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Executive Summary & Key Takeaways

## Policy Analysis Report: Delhi Goods and Services Tax Eleventh Amendment Rules, 2020 **1. Executive Summary:** This report analyzes the Delhi Goods and Services Tax (DGST) Eleventh Amendment Rules, 2020, based on the provided government notification. The amendment primarily focuses on changes related to invoice issuance, specifically incorporating Quick Response (QR) codes with embedded Invoice Reference Numbers (IRN) and providing the possibility of exemptions and electronic verification. The amendment aims to streamline invoice verification processes and potentially offer exemptions for specific registered persons under certain conditions. This report details the specific changes introduced by the amendment, their likely rationale, and potential impact. **2. Introduction:** This report aims to provide a comprehensive overview of the Delhi Goods and Services Tax Eleventh Amendment Rules, 2020, based solely on the provided government policy text. The analysis focuses on understanding the changes introduced by the amendment, their objectives, and potential implications for affected stakeholders. **3. Policy Overview:** * **Original Policy Amended:** Delhi Goods and Services Tax Rules, 2017 * **Core Objective(s) (Inferred):** The primary objective of the DGST Rules, 2017, is assumed to be the regulation and administration of Goods and Services Tax within the National Capital Territory of Delhi, aligning with the broader national GST framework. The *amendment* aims to refine and improve specific aspects of the original policy, particularly those concerning invoice generation and verification. **4. Background and Rationale:** The amendment appears to address the need for improved efficiency and verification processes in the issuance and handling of invoices under the DGST framework. Specifically, the inclusion of QR codes with embedded IRNs suggests a move towards digitized and easily verifiable invoices. The provision allowing exemptions from issuing invoices under subrule 4 of rule 48 indicates a desire for flexibility and targeted relief for specific registered persons or classes of persons, potentially based on compliance history or the nature of their business. The amendment also allows for electronic presentation of QR codes instead of physical invoices for verification. **5. Key Provisions / Changes:** This section details the specific changes introduced by the DGST Eleventh Amendment Rules, 2020: * **Rule 46 (Amendment 1):** Adds a new clause to Rule 46 after clause "q", mandating that invoices issued in the manner prescribed under sub-rule 4 of rule 48 include a Quick Response (QR) code containing the embedded Invoice Reference Number (IRN). * **Effect:** All invoices issued under the specified manner must now include a QR code with an IRN, facilitating easier digital verification. * **Rule 48 (Amendment 2):** Inserts a proviso to sub-rule 4 of Rule 48, granting the Commissioner the power to exempt registered persons or classes of persons from issuing invoices under this sub-rule for a specified period, subject to conditions and restrictions specified by notification based on Council recommendations. * **Effect:** This allows the Commissioner, based on Council recommendations, to grant exemptions from the mandate of issuing invoices under sub-rule 4 of Rule 48 to certain registered persons or groups. The conditions for these exemptions will be outlined in separate notifications. * **Rule 138A (Amendment 3):** Substitutes sub-rule 2 of Rule 138A, stating that in cases where an invoice is issued according to sub-rule 4 of rule 48, a Quick Response (QR) code containing an embedded Invoice Reference Number (IRN) can be presented electronically for verification by the appropriate officer, replacing the need for a physical copy of the tax invoice. * **Effect:** This allows for electronic verification of tax invoices through the presentation of the QR code, promoting digitization and reducing reliance on physical documentation. **6. Target Audience and Stakeholders:** Based on the text, the following stakeholders are directly affected by these changes: * **Registered Persons under DGST:** All registered persons subject to the Delhi Goods and Services Tax Act, 2017, especially those issuing invoices under the conditions mentioned in sub-rule 4 of rule 48. * **Tax Authorities/Officers:** The amendment impacts tax officials responsible for verifying invoices, as it introduces QR code-based verification methods. * **Commissioner:** The Commissioner is granted the power to grant exemptions to registered individuals from invoice issuance under specific conditions. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** * **Commissioner:** Responsible for issuing notifications granting exemptions from invoice issuance requirements. * **Tax Authorities/Officers:** Responsible for verifying invoices using QR codes and IRNs. * **The Council:** The Council makes recommendations to the Commissioner on potential exemptions. * **Timelines/Procedures:** The amendment came into force on September 30, 2020. The specific procedures for electronic verification using QR codes and the conditions for exemptions are expected to be detailed in subsequent notifications or guidelines issued by the relevant authorities. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these changes include: * **Increased Efficiency in Invoice Verification:** The incorporation of QR codes and IRNs aims to streamline invoice verification processes, reducing the time and effort required for tax officials. * **Reduced Paperwork:** The allowance for electronic presentation of QR codes promotes digitization and reduces the need for physical copies of invoices. * **Flexibility and Targeted Relief:** The exemption provision offers flexibility and potential relief to certain registered persons based on specified conditions, promoting a more targeted approach to tax administration. * **Improved Compliance:** By implementing a QR code system, tax evasion might be reduced due to the fact that invoices can be tracked more accurately. **9. Conclusion:** The Delhi Goods and Services Tax Eleventh Amendment Rules, 2020, introduce significant changes to invoice issuance and verification processes. By incorporating QR codes with embedded IRNs, allowing for electronic verification, and providing the possibility of exemptions for specific registered persons, the amendment aims to improve efficiency, reduce paperwork, and provide targeted relief within the DGST framework. The changes are likely to have a positive impact on both taxpayers and tax authorities.

Key Entities Referenced

National Capital Territory of Delhi: Union Territory of India Delhi Goods and Services Tax Act, 2017: Act of the Delhi government related to Goods and Services Tax Delhi Goods and Services Tax Rules, 2017: Rules pertaining to the Delhi Goods and Services Tax Act, 2017 Delhi Goods and Services Tax Eleventh Amendment Rules, 2020: Amendment rules to the Delhi Goods and Services Tax Rules, 2017 Council: Referenced in the context of recommendations to the Lieutenant Governor Commissioner: Authority who can exempt a person or class of registered persons from issuance of invoice Lt. Governor of the National Capital Territory of Delhi: Constitutional head of the National Capital Territory of Delhi MANOJ KUMAR: Dy. Secy. IV Finance of the National Capital Territory of Delhi government Gazette of Delhi: Official gazette for publishing notifications of the Delhi government 22nd June, 2017: Date of initial notification regarding the principal rules
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रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत सर कार GOVERNMENT OF INDIA एस.जी.-डी.एxxलx.G-अID.H-0xx7x0 72021-228161 SG-DLxx-ExG-0ID7E0x7x2x0 21-228161 असाधारण EXTRAORDINARY प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 184] दिल्ली, बधु वार, िुलाई 7, 2021/आषाढ़ 16, 1943 [रा.रा.रा.क्ष.ेदि. स.ं 73 No. 184] DELHI, WEDNESDAY, JULY 7, 2021/ASHADHA 16, 1943 [N. C. T. D. No. 73 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI IV fnYyh] 7 tqykbZ] 2021 IV IV jk"Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky] fnYyh eky vkSj lsok dj vf/kfu;e] 2017 ¼2017 dk 03½ dh /kkjk 164 }kjk çnÙk 'kfä;ksa dk ç;ksx djr s gq,] ifj"kn dh flQkfj' ij] fnYyh eky vkSj lsok dj fu;e] 2017 dk vkSj la'kks/ku dju s ds fy, fuEufyf[kr fu;e cukrs gaS] vFkkZr~ %&& 1- ¼1½ bu fu;eks a dk laf{kIr uke fnYyh eky vkSj lsok dj¼X;kjgoka la'kks/ku½ fu;e] 2020 gS A ¼2½ vU; Fkk micaf/kr ds flok;] ;s 30 flrEcj] 2020 ls izo`Rr gksxa s A 2- fnYyh eky vkSj lsok dj fu;e] 2017 ¼ftls blesa blds i'pkr~ mDr fu;e dgk x;k gS½ ds fu;e 46 es]a [kaM ¼Fk½ ds i'pkr~ fuEufyf[kr [kaM var%LFkkfir fd;k tk,xk] vFkkZr~%&& Þ¼n½ fu;e 48 ds mifu;e ¼4½ ds v/khu fofgr jhfr es a chtd tkjh fd, tku s ds ekeys eas] blesa chtd lUnHkZ la[;k ¼vkbZ- vkj- ,u-½ lfofgr djus okyk Rofjr ÁR;qÙkj d®MAß 3- mDrfu;e ds fu;e 48 ds [kaM ¼4½ esa fuEufyf[kr ijUrqd var%LFkkfir fd;k tk,xk] vFkkZr~%&& 3754 DG/2021 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] ÞijUrq vk;Dr] ifj"kn~ dh flQkfj'kksa ij vf/klwpuk }kjk] ,slh 'krksZa vkSj fucaZ/kuks a ds v/khu jgrs gq, tks mDr vf/klwpuk ea s fofufnZ"V dh xbZ gks] fofufnZ"V vof/k ds fy, bl mifu;e ds v/khu chtd tkjh dju s ls fdlh jftLVªh—r O;fä ;k O;fä;ks a ds oxZ dks NwV ns ldsxkAß 4- mDr fu;e ds fu;e 138d eas] mifu;e ¼2½ ds LFkku ij fuEufyf[kr mifu;e j[kk tk,xk] vFkkZr~%& Þ¼2½ fu;e 48 ds mifu;e ¼4½ ds v/khu fofgr jhfr ea s chtd tkjh fd, tku s ds ekeys eas] chtd funsZ'k la[;k ¼vkbZ- vkj- ,u-½ lfUufgr dju s okys s Rofjr ÁR;qÙkj d®M ,sls dj chtd dh HkkSfrd çfr ds cnys mfpr vf/kdkjh }kjk lR;kiu ds fy, bySDVª‚fud <ax ls çLrqr fd;k tk ldsxkAß ewyfu;e] fnYyh ds jkti=] vlk/kkj.k] Hkkx& IV ea s vf/klwpuk rkjh[k 22 twu] 2017 }kjk la0Qk0 03¼10½@foÙk ¼jktLo&I½@2020&21@Mh,l&VI@342] rkjh[k 22 twu] 2017 ds ek/;e ls çdkf'kr fd;s x, Fks vkSj mudk vafre la'kks/ku vf/klwpuk la- 62@2020&jkT;dj] rkjh[k 07@07@2021] 2021 tk s la0Qk0 03¼98½@foÙk ¼O;;&IV½@2021&22@Mh,l& IV@536] rkjh[k 07@07@2021 }kjk çdkf'kr dh xbZ Fkh] }kjk fd;k x;kA jk"Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ds vkn's k ls rFkk muds uke ij eukst dqekj, mi lfpo&IV ¼foÙk½ FINANCE (EXPENDITURE-IV) DEPARTMENT NOTIFICATION Delhi, the 7th July, 2021 No. 72/2020– State Tax No. F.3 (99)/Fin.(Exp-IV)/2021-22/DS-IV/537.—In exercise of the powers conferred by section 164 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), the Lt. Governor of the National Capital Territory of Delhi, on the recommendations of the Council, hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:- 1. (1) These rules may be called the Delhi Goods and Services Tax (Eleventh Amendment) Rules, 2020. (2) Save as otherwise provided in these rules, they shall come into force on the 30th day of September, 2020. 2. In the Delhi Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in rule 46, after clause (q), the following clause shall be inserted, namely:- “(r) Quick Response code, having embedded Invoice Reference Number (IRN) in it, in case invoice has been issued in the manner prescribed under sub-rule (4) of rule 48.”. 3. In the said rules, in rule 48, in sub-rule (4), the following proviso shall be inserted, namely:- “Provided that the Commissioner may, on the recommendations of the Council, by notification, exempt a person or a class of registered persons from issuance of invoice under this sub-rule for a specified period, subject to such conditions and restrictions as may be specified in the said notification.”. 4. In the said rules, in rule 138A, for sub-rule (2), the following sub-rule shall be substituted, namely:- “(2) In case, invoice is issued in the manner prescribed under sub-rule (4) of rule 48, the Quick Response (QR) code having an embedded Invoice Reference Number (IRN) in it, may be produced electronically, for verification by the proper officer in lieu of the physical copy of such tax invoice.”. Note: The principal rules were published in the Gazette of Delhi, Extraordinary, Part IV, vide notification dated the 22nd June, 2017, published vide number F3(10)/Fin(Rev-I)/2017-18/DS-VI/342, dated the 22nd June, 2017 and last amended vide notification No. 62/2020 - State Tax, dated the 07/07/2021, published vide number No. F.3 (98)/Fin (Exp-IV)/2021-22/DS-IV/536, dated the 07/07/2021. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, MANOJ KUMAR, Dy. Secy. IV (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.

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