## Report on Delhi Goods and Services Tax (GST) Notification No. 86/2020
**1. Executive Summary:**
This report analyzes Notification No. 86/2020 issued by the Department of Trade and Taxes, Government of National Capital Territory of Delhi, concerning the Delhi Goods and Services Tax (DGST) Act, 2017. The notification rescinds an earlier notification (No. 76/2020) with retroactive effect from November 10, 2020, except for actions already taken or omitted before the rescission. This report provides an overview of the notification, its rationale, key changes, affected parties, inferred implementation aspects, and expected impact, based solely on the information provided in the notification text.
**2. Introduction:**
The purpose of this report is to provide a detailed analysis of Notification No. 86/2020 issued by the Department of Trade and Taxes, Government of National Capital Territory of Delhi, pertaining to the Delhi Goods and Services Tax (DGST) Act, 2017, based exclusively on the text of the notification itself. This report aims to inform stakeholders about the changes introduced by this notification and their potential implications.
**3. Policy Overview:**
* This notification constitutes an *amendment* to existing DGST regulations.
* The core objective, as inferred from the text, is to *rescind a previous notification (No. 76/2020)*.
**4. Background and Rationale:**
The provided text indicates an *amendment*. The reason for this specific amendment is likely due to unforeseen consequences, errors, or a policy shift that necessitated the reversal of the original Notification No. 76/2020. The text mentions that the Commissioner is "satisfied that it is necessary in the public interest so to do, on the recommendations on the Council," suggesting a re-evaluation based on public welfare and advisory input. The rescission, being retroactive, suggests the earlier notification was deemed problematic enough to warrant undoing its effects as much as possible.
**5. Key Provisions / Changes:**
This notification is an amendment that *rescinds Notification No. 76/2020 State Tax, dated January 20, 2021*, published in the Gazette of Delhi.
* **Specific Part Changed:** The *entirety* of Notification No. 76/2020 is rescinded.
* **New Rule/Provision:** The new rule is the complete *revocation* of the aforementioned notification.
* **Effect of Change:** The practical effect is to revert to the legal and operational status that existed *before* Notification No. 76/2020 came into effect (with the exception of acts already completed under the rescinded notification).
**6. Target Audience and Stakeholders:**
The target audience and stakeholders directly affected by this notification include:
* Businesses and individuals operating within the National Capital Territory of Delhi that are subject to the Delhi Goods and Services Tax Act, 2017.
* Tax professionals and consultants advising businesses on DGST compliance.
* The Department of Trade and Taxes, Government of National Capital Territory of Delhi, responsible for administering and enforcing the DGST Act.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Department of Trade and Taxes, specifically the Commissioner State Tax, is the responsible body.
* **Timelines:** The notification is deemed to have come into force on November 10, 2020. This retroactive implementation implies that actions taken under the rescinded notification after this date may need to be re-evaluated or adjusted.
* The implementation of the rescission likely requires internal administrative processes within the Department of Trade and Taxes to ensure the reversal is properly recorded and communicated.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this specific change is to *undo the effects of the rescinded notification*. This may be due to legal challenges, unintended economic consequences, or a change in policy direction. The impact of the amendment depends entirely on the content of the original notification (No. 76/2020), which is not included in the provided text. However, it can be inferred that the government expects a more favorable outcome by reverting to the pre-existing state of affairs. Stakeholders may need to revisit actions taken under the rescinded notification to ensure compliance with the regulations now in effect.
**9. Conclusion:**
Notification No. 86/2020 represents a significant amendment to the DGST regulations by rescinding Notification No. 76/2020 with retroactive effect. Its significance lies in its potential to alter the tax liabilities, compliance requirements, or operational procedures for businesses and individuals subject to the DGST Act. Understanding the specific contents of the rescinded notification is crucial for fully comprehending the implications of this amendment. Industry should determine the initial notification's contents to establish any effects this rescission may have on their filings.
Key Entities Referenced
Delhi: Place. National Capital Territory of Delhi, India. Location of publication and jurisdiction of the policy.
Government of National Capital Territory of Delhi: Name of the government issuing the notification.
Delhi Goods and Services Tax Act, 2017: A law. The full name of the act relevant to the notification.
Delhi Goods and Services Tax Rules, 2017: A regulation. The full name of the rule relevant to the notification.
GST Council: An organisation. Council which made recommendations based on which notification is issued.
Department of Trade and Taxes: An organisation. Department of the Government of National Capital Territory of Delhi responsible for trade and taxes.
Santosh D. Vaidya: A person. Commissioner State Tax, signatory of the notification.
No. 76/2020 State Tax, dated the 20th January, 2021: A policy document. Notification number of the Government of National Capital Territory of Delhi being rescinded.
No. 8/6/2020-State Tax/No. F.23(32)/POLICY/GST/2020/4124-22: A policy document. Notification number of the Government of National Capital Territory of Delhi.
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भारत सरकार
GOVERNM ENT OF INDIA
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असाधारण
EXTRAORDINARY
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
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भाग IV
PART IV
राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
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DEPARTMENT OF TRADE AND TAXES
(GST-POLICY BRANCH)
NOTIFICATION
Delhi, the 29th January, 2021
No. 86/2020 – State Tax
No. F.2(332)/POLICY-GST/2020/412-422.—In exercise of the powers conferred by section 168 of
the Delhi Goods and Services Tax Act, 2017 (03 of 2017), read with sub-rule (5) of rule 61 of the Delhi
Goods and Services Tax Rules, 2017, the Commissioner, on being satisfied that it is necessary in the public
interest so to do, on the recommendations on the Council, hereby rescinds the notification of the Government
of National Capital Territory of Delhi in the Department of Trade and Taxes, No. 76/2020 – State Tax, dated
the 20th January, 2021, published in the Gazette of Delhi, Extraordinary, Part IV, vide number No.
F.2(317)/POLICY-GST/2020/348-358, dated the 20th January, 2021, except as respects things done or
omitted to be done before such rescission.
2. This notification shall be deemed to have come into force on the 10th day of November, 2020.
SANTOSH D. VAIDYA, Commissioner (State Tax)
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.