Home India Government of The National Capital Territory of Delhi state tax 34...
Date: 2022-01-05 Category: Extra Ordinary State: Union Government Country: India

state tax 34

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

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Executive Summary & Key Takeaways

## 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, which constitutes a partial amendment to previous notifications related to the Delhi Goods and Services Tax (DGST) Act, 2017. The core purpose of this amendment, as inferred from the text, is to extend the deadline for applying for revocation of cancelled GST registrations under specific circumstances. The key finding is that the amendment provides relief to taxpayers whose registration cancellations fell within a specific timeframe, allowing them more time to rectify the situation and reinstate their registration. **2. Introduction:** This report aims to provide a clear and concise overview of an amendment to the Delhi Goods and Services Tax (DGST) Act, 2017, based solely on the provided government notification. The analysis focuses on the purpose, provisions, and implications of this specific amendment. **3. Policy Overview:** * This notification is an amendment to existing notifications, specifically: * Notification No. 35/2020State Tax, dated 24th March, 2021 * Notification No. 14/2021State Tax, dated 17th November, 2021 * **Core Objective (Inferred):** The primary objective of this amendment is to provide an extension to the timeframe for businesses to apply for revocation of cancelled GST registrations, seemingly to address issues or hardship faced by businesses within a specific period due to unforeseen circumstances. **4. Background and Rationale:** This amendment likely addresses difficulties faced by businesses that had their GST registrations cancelled during the period from March 1, 2020, to August 31, 2021. The amendment suggests that the original timeframe for applying for revocation may have been insufficient or that circumstances during that period (e.g., the COVID-19 pandemic) hindered businesses from meeting the initial deadline. This extension aims to offer a second chance to rectify non-compliance issues and regain active GST registration. **5. Key Provisions / Changes:** This notification amends prior notifications to extend the deadline for businesses to apply for revocation of cancellation of registration. * **Specific Part of Original Policy Being Changed:** The amendment directly impacts the *time limit* specified for application for revocation of cancellation of registration under subsection 1 of Section 30 of the DGST Act, 2017 where the cancellation was under clause b or c of subsection 2 of section 29 of the same Act. * **New Rule/Provision:** The new provision extends the time limit for making such applications up to **September 30, 2021**, for those businesses whose initial deadline fell between **March 1, 2020, and August 31, 2021**. * **Difference/Effect of Change:** This amendment effectively grants an extended window of opportunity for businesses whose GST registration was cancelled and whose application deadline for revocation fell within the specified period. Instead of adhering to the original deadline (likely ending before September 30, 2021), affected businesses now have until September 30, 2021, to submit their revocation applications. **6. Target Audience and Stakeholders:** The primary target audience is businesses registered under the Delhi Goods and Services Tax Act, 2017, whose registration was cancelled under clause b or c of subsection 2 of section 29 of the said Act and whose deadline to apply for reinstatement fell between March 1, 2020 and August 31, 2021. Key stakeholders include the businesses themselves, the Delhi Government's Finance Expenditure Department, and potentially tax consultants and practitioners assisting these businesses. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Finance Expenditure Department of the Government of National Capital Territory of Delhi is responsible for implementing and overseeing the enforcement of this amendment. * **Timelines and Procedures:** The amendment explicitly states the extended deadline of September 30, 2021, for submitting revocation applications. The procedures for applying for revocation likely remain the same as outlined in the original DGST Act and related regulations, with this amendment simply altering the final date for submission. Businesses must follow the standard application process but ensure submission by the extended deadline. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to provide relief to businesses struggling with GST registration cancellations and to facilitate their return to compliance. The amendment is expected to increase the number of successful revocation applications and reduce the number of businesses operating without valid GST registration. This could result in higher tax revenue and improved overall compliance within the GST system. **9. Conclusion:** The notification represents a targeted amendment to the Delhi Goods and Services Tax Act, 2017, specifically addressing the timeframe for applying for revocation of cancelled GST registrations. By extending the deadline to September 30, 2021, for cancellations occurring between March 1, 2020, and August 31, 2021, the government aims to provide a more reasonable opportunity for affected businesses to regain compliance and continue operating within the formal economy. This amendment demonstrates a responsive approach to addressing challenges faced by taxpayers within the GST framework.

Key Entities Referenced

GOVERNMENT OF INDIA: The governing body of India. DELHI: The location where the notification is published. WEDNESDAY, JANUARY 5, 2022: Date of the Delhi Gazette publication. PAUSHA 15, 1943: Date in the Saka calendar corresponding to the date of publication. N. C. T. D.: Abbreviation for National Capital Territory of Delhi. GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI: The governing body of the National Capital Territory of Delhi. Finance ExpenditureI Department: Department within the Government of National Capital Territory of Delhi responsible for finance and expenditure. 24th March, 2021: Date of a previously issued notification being partially modified. 17th November,2021: Date of a previously issued notification being partially modified. Delhi Goods and Services Tax Act, 2017: A tax law enacted in Delhi. Integrated Goods and Services Tax Act, 2017: A tax law related to integrated goods and services. Union Territory Goods and Services Tax Act, 2017: A tax law related to goods and services in Union Territories. Lt. Governor of the National Capital Territory of Delhi: The Lieutenant Governor of Delhi. Council: An advisory body whose recommendations are being considered. 1st day of March, 2020: Start date of a period relevant to the revocation of registration. 31st day of August, 2021: End date of a period relevant to the revocation of registration. 30th day of September, 2021: Extended time limit for making an application. MANOJ KUMAR: Dy. SecyI Finance of the Government of National Capital Territory of Delhi. Government of India Press, Ring Road, Mayapuri, New Delhi110064: Location of the Government of India Press. Controller of Publications, Delhi110054: Publisher of the Delhi Gazette.
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रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत सरक ार GOVERNMENT OF INDIA एस.जी.-डी.एलx.x-xअG.I-D0H7x0x1x2 022-232502 SG-DL-xEx-x0G7I0D1E2x0xx2 2-232502 असाधारण EXTRAORDINARY प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 10] दिल्ली, बुधवार, िनवरी 5, 2022/पौष 15, 1943 [रा.रा.रा.क्ष.ेदि. स.ं 359 No. 10] DELHI, WEDNESDAY, JANUARY 5, 2022/PAUSHA 15, 1943 [N. C. T. D. No. 359 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI I fnYyh] 5 tuojh] 2022 I I .—jk’Vªh; jkt/kkuh {ks= fnYyh ds foÙk foHkkx ¼O;;&IV½ dh vf/klwpuk l-a35@2020&jkT; dj] rkjh[k 24 ekpZ] 2021 tks fnYyh ds jkti=] vlk/kkj.k] Hkkx&IV es a la- l0a Qk0 03¼84½@foÙk ¼O;;&IV½@2020&21@Mh,l& IV@288 rkjh[k 24 ekpZ] 2021 vkSj vf/klwpuk la- 14@2021&jkT; dj] rkjh[k 17 uoEcj] 2021 tks fnYyh ds jkti=] vlk/kkj.k] Hkkx&IV es a la-Qk- 03¼115½@foÙk ¼O;;&I½@2021&22@Mh,l&I@313 rkjh[k 17 uoEcj] 2021 }kjk çdkf'kr dh xb Z Fkh] dks vkaf'kd :i ls l'a kksf/kr djrs gq, ,dh—r eky vkSj lsok dj vf/kfu;e] 2017 ¼2017 dk 13½ dh /kkjk 20 vkSj la?k jkT;{ks= eky vkSj lsok dj vf/kfu;e] 2017 ¼2017 dk 14½ dh /kkjk 21 ds lkFk ifBr fnYyh eky vkSj los k dj vf/kfu;e] 2017 ¼2017 dk 03½ ¼ftls bles a blds i'pkr~ mä vf/kfu;e dgk x;k gS½ dh /kkjk 168d }kjk çnÙk 'kfä;ks a dk ç;ksx djrs gq, jk’Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky] ifj"kn ~ dh flQkfj'kks a ij] ;g vf/klwfpr djrs gSa fd tgka mä vf/kfu;e dh /kkjk 29 dh mi/kkjk ¼2½ ds [kaM ¼[k½ ;k [kaM ¼x½ ds v/khu fdlh jftLVªhdj.k dks jí dj fn;k x;k gS vkSj mä vf/kfu;e dh /kkjk 30 dh mi/kkjk ¼1½ ds v/khu jftLVªhdj.k ds jí djus dk çfrlagj.k djus ds fy, vkosnu dju s dh le;&lhek 1 ekpZ] 2020 l s 31 vxLr] 2021 dh le;kof/k ds nkSjku vkrh gS] rks ,ls k vkosnu dju s dh le;lhek dk 30 flrca j] 2021 rd foLrkj fd;k tk,xk jk"Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ds vkns'k l s rFkk muds uke ij] eukst dqekj] mi lfpo&I ¼foÙk½ 99 DG/2022 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] FINANCE (EXPENDITURE-I) DEPARTMENT NOTIFICATION Delhi, the 5th January, 2022 No. 34/2021– State Tax No. F. 3 (143)/Fin.(Exp-I)/2021-22/DS-I/06.—In partial modification of the notifications of the Government of National Capital Territory of Delhi, in the Department of Finance (Expenditure-IV), No. 35/2020-State Tax, dated the 24th March, 2021, published in the Gazette of Delhi, Extraordinary, Part IV, vide No. F.3(84)/Fin.(Exp-IV)2020-21/DS- IV/288, dated the 24th March, 2021 and No. 14/2021-State Tax, dated the 17th November,2021, published in the Gazette of Delhi, Extraordinary, Part IV, vide No. No. F.3(115)/Fin.(Exp-I)/2021-22/DS-I/313, dated the 17th November,2021, in exercise of the powers conferred by section 168A of the Delhi Goods and Services Tax Act, 2017 (03 of 2017) (hereafter in this notification referred to as the said Act), read with section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), and section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Lt. Governor of the National Capital Territory of Delhi, on the recommendations of the Council, hereby notifies that where a registration has been cancelled under clause (b) or (c) of sub-section (2) of section 29 of the said Act and the time limit for making an application of revocation of cancellation of registration under sub-section (1) of section 30 of the said Act falls during the period from the 1st day of March, 2020 to 31st day of August, 2021, the time limit for making such application shall be extended upto the 30th day of September, 2021. 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.

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