Home India Government of The National Capital Territory of Delhi Whereas, the Ministry of External Affairs, Government of Ind...
Date: 2021-03-24 Category: Extra Ordinary State: Union Government Country: India

Whereas, the Ministry of External Affairs, Government of India, in accordance with the principle of reciprocity has requested the government of National Capital Territory of Delhi to grant facility of VAT exemption

Issued by Government of The National Capital Territory of Delhi · Trade and Taxes Department

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Executive Summary & Key Takeaways

## Report on Amendment to Delhi Value Added Tax Act, 2004 **1. Executive Summary:** This report analyzes a notification issued by the Government of the National Capital Territory of Delhi, amending the Delhi Value Added Tax (VAT) Act, 2004. The amendment, effective from October 14, 2020, grants VAT exemption/refund to the Embassy of the Republic of Chad in New Delhi, on the payment of all the taxable goods for official use and for personal use of its diplomats, adhering to the principle of reciprocity. Key findings indicate that this amendment aligns Delhi's VAT policy with international diplomatic practices. The notification introduces a new entry to the list of embassies eligible for VAT refunds and stipulates a minimum invoice value of Rs. 5000 for each claim. **2. Introduction:** This report aims to provide an informative overview of the amendment to the Delhi Value Added Tax Act, 2004, as detailed in the provided government notification. The analysis is based solely on the information presented within the notification text. **3. Policy Overview:** * The amendment modifies the Delhi Value Added Tax Act, 2004 (Delhi Act 03 of 2005). * **Core Objective:** To grant VAT exemption/refund facility to the Embassy of the Republic of Chad in New Delhi on taxable goods purchased for official and personal use by its diplomats, based on the principle of reciprocity. **4. Background and Rationale:** The amendment is likely a response to a request from the Ministry of External Affairs, Government of India, to extend VAT exemption/refund benefits to the Embassy of the Republic of Chad. This request is based on the principle of reciprocity, implying that Chad provides similar benefits to Indian diplomats in Chad. The amendment aims to align Delhi's VAT regulations with international diplomatic practices and commitments. **5. Key Provisions / Changes:** This notification amends the Sixth Schedule of the Delhi Value Added Tax Act, 2004. Specifically: * **Specific Part Changed:** Entry No. 1, Part A - List of Embassies. * **New Rule/Provision:** A new sub-entry (A150) is added to the list of embassies, specifically including the "Republic of Chad" with the registration number "07297226759." * **Difference/Effect of Change:** This addition formally designates the Republic of Chad as an embassy entitled to VAT refunds under the existing provisions of the Delhi VAT Act. Furthermore, a new condition is added stating that the refund of Value Added Tax will be subject to the condition that the minimum invoice value for each invoice would be Rs. 5000. **6. Target Audience and Stakeholders:** The primary stakeholders directly affected by this amendment are: * The Embassy of the Republic of Chad in New Delhi and its diplomats. * Businesses and vendors in Delhi that supply goods and services to the Embassy of Chad. * The Department of Trade and Taxes, Government of NCT of Delhi, responsible for administering the VAT system. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Department of Trade and Taxes, specifically the Commissioner of Value Added Tax, Government of NCT of Delhi, is responsible for implementing this amendment. * **Timelines/Procedures:** The amendment came into effect on October 14, 2020. Businesses providing goods and services to the Embassy of Chad must ensure compliance with the VAT refund process. The invoices should have a minimum value of Rs. 5000 for VAT refund eligibility. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is to: * Fulfill the principle of reciprocity in diplomatic relations between India and Chad, fostering goodwill and cooperation. * Provide financial relief to the Embassy of the Republic of Chad by refunding VAT on eligible purchases. * Ensure a standardized and transparent process for VAT refunds for the newly added embassy. * The Rs. 5000 minimum invoice value seeks to reduce administrative burden by filtering out smaller claims. **9. Conclusion:** The amendment to the Delhi Value Added Tax Act, 2004, extends VAT exemption/refund benefits to the Embassy of the Republic of Chad in New Delhi, aligning with international diplomatic norms and based on the principle of reciprocity. The amendment introduces a new entry to the list of eligible embassies, effective from October 14, 2020, with a minimum invoice value of Rs. 5000 for VAT refund claims. This change is significant as it reinforces Delhi's commitment to international diplomatic practices and facilitates smooth diplomatic operations.

Key Entities Referenced

National Capital Territory of Delhi: The governing territory that is issuing the VAT exemption/refund policy. Republic of Chad: The country whose embassy in New Delhi is granted VAT exemption/refund privileges. New Delhi: Location of the Embassy of the Republic of Chad. Located in Delhi (state) Delhi Value Added Tax Act, 2004: The Act under which the amendment regarding VAT exemption/refund is being made. Delhi Act 03 of 2005 Ministry of External Affairs: The Indian government ministry that requested the VAT exemption/refund for the Embassy of the Republic of Chad. Ankur Garg: Commissioner, Value Added Tax, Government of National Capital Territory of Delhi, who approved the notification. Department of Trade and Taxes: The department that issued the notification
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रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत सर कार GOVERNMENT OF INDIA xxxGIDHxxx एस.जी.-डी.एल.-अ.-25032021-226107 xxxGIDExxx SG-DL-E-25032021-226107 असाधारण EXTRAORDINARY प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 98] दिल्ली, बुधवार, मार् च 24, 2021/ र्ैत्र 3 , 1943 [रा.रा.रा.क्ष.ेदि. स.ं 374 No. 98] DELHI, WEDNESDAY, MARCH 24, 2021/ CHAITRA 3, 1943 [N. C. T. D. No. 374 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI fnYyh] 24 ekpZ] 2021 pawfd fons'k e=a ky;] Hkkjr ljdkj ds i= la-Qk- Mh&II@451@12¼1½@2020 fnukad% 14-10-2020 ds }kjk ikjLifjdrk ds fl)kra kas ds vuq#i ubZ fnYyh e s pkM x.kjkT; ds nwrkokl ds jktuf;dks a ds }kjk lHkh dj ;kXs ; oLrqvks a dh vf/kdkfjd ,o afuth iz;kxs grs q [kjhn ds i{k es]a oSV fjQaM dh NwV@lqfo/kk inz ku djus ds fy;s jk’Vªh; jkt/kkuh {ks=] fnYyh ljdkj l s vuqjk/s k fd;k x;k gSA 2- vkSj pwfad eSa] vadqj xxZ] vk;qDr] ewY; loaf/kZr dj] jk’Vªh; jkt/kkuh {ks= fnYyh ljdkj] ;g ekurk gaw fd ,ls k djuk tu lk/kj.k ds fgr es alehphu gSA 3- vc blfy,] fnYyh eYw ; loaf/kZr dj vf/kfu;e] 2004 ¼2005 dk fnYyh vf/kfu;e 03½ dh /kkjk 103 dh mi/kkjk ¼2½ }kjk iznRr 'kfDr;ks a dk iz;ksx djrs gq,] eaS ,rn~ }kjk mDr vf/klwpuk dh NBh vuqlwph eas fuEufyf[kr la'kk/s ku djrk ga]w vFkkZr~%& 1802 DG/2021 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] 4- fnYyh eYw ; loaf/kZr dj vf/kfu;e] 2004 ¼2005 dk fnYyh vf/kfu;e 03½ dh NBh vuqlwph eas] izfof’V la[;k 1 ds Hkkx&d nwrkoklkas dh lwph eas Øe la[;k ,&149] ds mijkra ub Z mi&izfof’V lfUufo’V dh tk,xh] vFkkrZ ~ %& “ dze la[;k iathdj.k l[a ;k x.kjkT; dk uke ,&150 07297226759 pkM x.kjkT; ’’ 5- eYw ; loaf/kZr dj dh okilh bl 'krZ ds v/khu gksxh fd izR;sd pkyku dk U;wure pkyku eYw ; #i;s 5000@& gksxkA ;g vf/k lpw uk 14 vDVwcj] 2020 ls ykx w gkxs hA vadqj xxZ] vk;qDr ¼ewY; loaf/kZr dj½ DEPARTMENT OF TRADE AND TAXES NOTIFICATION Delhi, the 24th March, 2021 No. F. 5(54)/Policy/VAT/2013/PF/491-502.—Whereas, the Ministry of External Affairs, Government of India, in accordance with the principle of reciprocity has requested the government of National Capital Territory of Delhi to grant facility of VAT exemption/refund to the Embassy of the Republic of Chad in New Delhi, on the payment of all the taxable goods for official use and for personal use of its diplomats vide their letter NO.-D-II/451/12(1)/2020 Dated-14th October 2020. 2. And, whereas, I, Ankur Garg, Commissioner, Value Added Tax, Government of National Capital Territory of Delhi, am of the opinion that it is expedient in the public interest to do so. 3. Now, therefore, in exercise of the powers conferred by sub- section (2) of Section 103 of the Delhi Value Added Tax Act, 2004 (Delhi Act 03 of 2005), I hereby make the following amendments in the Sixth Schedule of the said Act namely: AMENDMENTS 4. In the Sixth Schedule appended to the Delhi Value Added Tax Act, 2004 (Delhi Act 03 of 2005), in Entry No.1, in Part-A- List of Embassies, after SI. No. A-149, the following shall be inserted, namely:- “ Sl. No. Registration No. Name of the Embassy A-150 07297226759 Republic of Chad ’’ 5. The refund of Value Added Tax will be subject to the condition that the minimum invoice value for each invoice would be Rs. 5000/-. This notification shall come into force with effect from 14-10-2020. ANKUR GARG, Commissioner (Value Added 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.

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