Executive Summary:
This document is the Delhi Value Added Tax 1st Amendment Act, 2015, which amends the Delhi Value Added Tax Act of 2004. It received assent from the Lt. Governor of Delhi on March 27, 2015, and was passed by the Legislative Assembly on March 25, 2015. The Act addresses provisions for carrying forward or claiming refunds on excess tax payments. It will come into force on a date appointed by the Government via official Gazette notification.
Key Points / Main Content:
Amendment to Section 11:
* Replaces clause b and associated explanations in subsection 2 of section 11 in the principal Act.
Refund and Carry Forward Provisions:
* Taxpayers can carry forward excess amounts after application under subsection 2a to the next calendar month or tax period.
* Taxpayers can claim a refund of the remaining amount after application under subsection 2a at the end of a tax period.
* The Commissioner will handle refund claims as described in sections 38 and 39 of the principal Act.
Explanations Regarding Refunds:
* Refunds can only be claimed at the end of a tax period.
* Inadvertent excess payments will be treated as credit in the relevant month or tax period.
Impact Analysis:
Taxpayers:
Impact: Taxpayers are affected by the revised regulations for claiming refunds on excess Value Added Tax (VAT) payments and the option to carry forward excess amounts.
Action Required: Taxpayers should familiarize themselves with the new provisions for claiming refunds and carrying forward excess payments, ensuring compliance with the amended Section 11.
Tax Authorities (Commissioner):
Impact: The Commissioner is responsible for processing refund claims according to the procedures outlined in sections 38 and 39 of the Delhi Value Added Tax Act.
Action Required: The Commissioner must adhere to the updated procedures for dealing with refund claims as per the amended Act.
Key Entities Referenced
National Capital Territory of Delhi: A Union Territory and a metropolitan region in India.
Legislative Assembly of the National Capital Territory of Delhi: The unicameral legislature of the National Capital Territory of Delhi.
Delhi Value Added Tax 1st Amendment Act, 2015: An act to amend the Delhi Value Added Tax Act of 2004.
Delhi Value Added Tax Act, 2004: The principal act being amended by the Delhi Value Added Tax 1st Amendment Act, 2015.
Lt. Governor of Delhi: The Lieutenant Governor of Delhi, the constitutional head of the National Capital Territory of Delhi.
Section 38: Section mentioned within the Delhi Value Added Tax act related to refund claims.
Section 39: Section mentioned within the Delhi Value Added Tax act related to refund claims.
Dr. SAURABH KULSHRESHTHA: Additional Secretary, as indicated in the document.
717-{t R. tR7.-33002/99 woo( REGISTERED No. D.L.-33002/99
GOVERNMENT OF INDIA
e
t h t az c tt c
amit.Theg
EXTRAORDINARY
*Tea
vrlimg
PUBLISHED BY AUTHORITY
Ti '01 kail.4! 17430 201. 51(cid:9) 9(cid:9) 1937 urr rrilte -a 232
•
No. 391(cid:9) DELHI, MONDAY, MARCH 30, 2015/CHAITRA 9, 1937 1N.C.1'.D. No. 232
PART—IV
TrtOzr (cid:9) ft-Al ,4,t,H
GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI
fa, Rua ;I fdEnft ±-gf *Fr
arigar
r
ItA, 30 T114, 2015
it. t1T. 14(2)Ae11/4,-2015/cons2law/40-54.-3* 7T-AtTlt E thTTTA ter f4EINWIT
3rfel-TrF(cid:9) 7T-eiffl it4-T 27 1114, 2015 cp) miter m-R. * g(cid:9) Tfra (cid:9) TTETT7T t'r
Ttift-o- fnr Aior t
"fA TIM (cid:9) (SIQM #41IFF) GANTT, 2015 (2015 4$T R41 (cid:9) 03)
(25 4114, 2015 MT TTs& iRM-41 E1 fsCA11 TheT thM971TIT &1 T zItiT tfiftd)
[270T4, 2015]
R- 1.1:kFT itaff clv].3i(cid:9) i, 2004(cid:9) it`411T4ff MTT4(cid:9) ffi7 (cid:9) aiRnTrrf I
T6 iltiT V(cid:9) ft.TTTiliTT ITT I1litt11IukJ..4 ss .44 > Pmisicnk arffl TSTTIT %TV :-
1.(cid:9) intqf /NO, %BR \T4 SIT41t.-(1) (cid:9) f4*Tr- i fIr (cid:9) -d q(cid:9) (srgTf .#6,1-9) 3T(cid:9) N, 2015 TT
(2) TT TrTuf -1-rerg(cid:9) tcn cr 6 iir
(3) 3T-c-rt1 mitt 3TRTTFT t tkcol,T gwr Tr2TrftTru fa 4,1(cid:9) 61,111
2.(cid:9) 1R1 11 t MT 11 Th°1 \ILF4TTRT (2) ZZa3 g Mir 710(cid:9) TME11*
uz PqRicf (cid:9) a1f ailcwig met w4Tft
1450 DG/2015(cid:9) (I)(cid:9)
DELHI GAZETTE EXTRAORDINARY(cid:9) [PART IV
"Nr) uzr-wr (20) • 31-11'ff 3TIkq'9'TIT1-17 . iEf wit 3111111# $`.M 4116 # ?TT(cid:9) 31744 k 111
Nit Et 31-01-d Si 7r w-O't zrr cfr13ra(cid:9) \ickircr 7I-W1 (2)(T)(cid:9) 31" -d 31-1ATM(cid:9) 147-cilrf, *Ef Virti Met
Wer (cid:9) ItT1T(cid:9) tic411(cid:9) 31.1p1 E71 311111(cid:9) EMT 38 74 39 4 -f}Tft zwt FT41q Glricol
fkcr-d-r4 til1I
cm 0-) argi(cid:9) ai-9-4cRii(cid:9) qiui •%-zu err
allts+41-2:(cid:9) af4-$r4(cid:9) Aro 114-d-N felt 446 4 4r cr) aTqfk At Nit -0; Otz t)i-r 4r4r
lr I
i-4?4 teys*, Sr a
DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFARIS
NOTTPWATTON
Delhi, the 30th March, 2015
No. F. 14(2)/LA-2015/ cons2law/40-54.—The following Act of the Legislative Assembly of the
National Capital Territory of Delhi received the assent of the Lt. Governor of Delhi on the 27th March, 2015
and is hereby published for general information:—
"TIIE DELHI VALUE ADDED TAX (1st AMENDMENT) ACT, 2015 (DELHI ACT 03 OF 2015)
(As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 25th March, 2015)
[27th March, 2015]
An Act to further amend the Delhi Value Added Tax Act, 2004 (3 of 2005).
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty-
sixth year of the Republic of India as follows:-
1. Short title, extent and commencement.—(0 This Act may be called the Delhi Value Added
Tax (1st Amendment) Act, 2015.
(ii) It extends to the whole of the National Capital Territory of Delhi.
(iii) It shall come into force on such date as the Government may, by notification in the
official Gazette, appoint.
2. Amendment of section 11—In the principal Act, in section 11, in sub-section (2), for the clause
(b) and the explanations appended thereto, the following clause and explanations shall be substituted,
namely:—
"(b) be entitled to carry forward the amount remaining after application under sub-section (2)(a) to
next calendar month or tax period, as the case may be, or to claim a refund of the amount
remaining after application under sub-section (2)(a) at the end of a tax period and the
Commissioner shall deal with the refund claim in the manner described in section 38 and section
39 of this Act.
Explanation-1. Refund can be claimed at the end of a tax period only.
Explanation-2. Excess payment made inadvertently shall also be treated as credit in a month or tax period
as the case may be".
Dr. SAURABH KULSHRESHTHA, Addl. Secy.
Printed by the Manager, Government of India Press, Ring Road, Maya-purl, New D.5011110064
and Published by the Controller of Publications, Delhi-I 10054.