## Report on Amendment to Delhi Goods and Services Tax Act, 2017
**1. Executive Summary:**
This report analyzes an amendment to the Delhi Goods and Services Tax (DGST) Act, 2017, as notified by the Government of the National Capital Territory of Delhi on July 11, 2022. The amendment, detailed in Notification No. 36/2021-State Tax, inserts subsection 6A into Section 25 of the DGST Act. The core purpose of this amendment is to expand the scope of Section 25, likely related to registration procedures, and it is made effective retroactively from September 24, 2021. This report aims to provide clarity on the amendment's implications for stakeholders, particularly businesses operating within Delhi.
**2. Introduction:**
This report provides an overview and analysis of the amendment to the Delhi Goods and Services Tax (DGST) Act, 2017, based on the official notification issued on July 11, 2022. The analysis focuses on the scope, implications, and likely impact of the amendment as described in the provided text.
**3. Policy Overview:**
* **Original Policy:** Delhi Goods and Services Tax Act, 2017.
* **Core Objective(s):** The original Act aims to levy and administer the Goods and Services Tax within the National Capital Territory of Delhi, in accordance with the broader GST framework of India. The amendment focuses on refining the registration process under Section 25.
**4. Background and Rationale:**
The amendment introduces "subsection 6A" to Section 25 of the DGST Act. While the specific details of subsection 6A are not provided in the supplied document, its inclusion suggests a need to address a particular aspect of the registration process under the DGST Act. This amendment is likely intended to clarify or expand the provisions related to registration, possibly addressing ambiguities or gaps that emerged in practical application after the initial implementation of the Act. The retroactive effect from September 24, 2021, hints at the issue's presence since that date.
**5. Key Provisions / Changes:**
This report focuses on the specific changes introduced by the provided amendment text.
* **Specific Part of Original Policy Changed:** Section 25 of the Delhi Goods and Services Tax Act, 2017.
* **New Rule/Provision:** The amendment inserts the words, brackets, figure and letter "subsection 6A or" after the words "hereby notifies that the provisions of" and the word "section 25" in the first paragraph of the original notification.
* **Difference/Effect of this Change:** This amendment expands the applicability of provisions under Section 25 of the DGST Act to also include subsection 6A. Without the original text of Section 25 and the definition of subsection 6A, the precise impact cannot be determined. However, the amendment suggests that subsection 6A contains specific rules or procedures that are now applicable under Section 25. The change is effective from September 24, 2021.
**6. Target Audience and Stakeholders:**
The primary target audience includes businesses and individuals registered or required to register under the Delhi Goods and Services Tax Act, 2017. This encompasses a wide range of businesses operating in Delhi, including manufacturers, traders, service providers, and e-commerce operators. Tax consultants and legal professionals advising businesses on GST compliance are also key stakeholders.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Finance Expenditure Department of the Government of the National Capital Territory of Delhi is responsible for implementing this amendment. The Lieutenant Governor holds the authority for issuing notifications under the Act.
* **Timelines or Procedures:** The amendment is effective from September 24, 2021. Businesses must adhere to the provisions of subsection 6A of Section 25 from this date. However, the exact procedural implications can't be stated without the contents of subsection 6A.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome of this amendment is likely to streamline or clarify the registration process under the DGST Act. By including "subsection 6A", the government aims to enhance the efficiency and effectiveness of GST administration within Delhi. Depending on the specifics of subsection 6A, the amendment could affect businesses in various ways, potentially altering registration requirements, timelines, or documentation procedures. Further clarification on subsection 6A is needed to accurately predict the specific impact.
**9. Conclusion:**
The amendment to the Delhi Goods and Services Tax Act, 2017, through Notification No. 36/2021-State Tax, signifies the government's commitment to refining the GST framework in Delhi. The inclusion of "subsection 6A" in Section 25 implies that the government has identified and addressed a specific issue related to GST registration. While the exact details of subsection 6A are not provided, this amendment is significant as it has a retroactive effect and potentially alters the registration process for businesses operating in Delhi. Businesses should seek further guidance on the specific implications of subsection 6A to ensure compliance.
Key Entities Referenced
Delhi: The National Capital Territory of Delhi, where the notification is applicable and published.
Delhi Goods and Services Tax Act, 2017: A law enacted by the Government of National Capital Territory of Delhi.
Council: The recommending body for the amendments in the notification.
Lieutenant Governor of the National Capital Territory of Delhi: The authority issuing the notification based on the powers conferred by the Delhi Goods and Services Tax Act, 2017.
MANOJ KUMAR: Dy. Secy. I Finance, signatory of the notification on behalf of the Lt. Governor of the National Capital Territory of Delhi.
रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99
भारत स रकार
GOVERNMENT OF INDIA
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SG-DL-xEx-x1G1I0D7E2x0xx2 2-237238
असाधारण
EXTRAORDINARY
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
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No. 358] DELHI, MONDAY, JULY 11, 2022/ASHADHA 20, 1944 [N. C. T. D. No. 182
भाग IV
PART IV
राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
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4662 DG/2022 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV]
FINANCE (EXPENDITURE-I) DEPARTMENT
NOTIFICATION
Delhi, the 11th July, 2022
No. 36/2021-State Tax
No. F. 3(12)/Fin.(Exp-I)/2022-23/DS-I/602.—In exercise of the powers conferred by
sub-section (6D) of section 25 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 amendment in the notification of this Government No. 03/2021-State Tax, dated the
25/05/2022 published in the Gazette of Delhi, Extraordinary, Part IV, vide number F.3(3)/Fin.(Exp-I)/
2022-23/DS-I/438, dated the 25/05/2022, namely: -
In the said notification, in the first paragraph after the words “hereby notifies that the provisions of”,
the words, brackets, figure and letter “sub-section (6A) or” shall be inserted.
2. This notification shall come into force with effect from 24th September, 2021.
Note : The principal Notification No. 03/2021 -State Tax, dated the25/05/2022was published in the Gazette
of Delhi, Extraordinary, Part IV, vide number F. 3(3)/Fin.(Exp-I)/2022-23/DS-I/438, dated the 25/05/2022.
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.