Regarding amendment of rule 7 and 43 in the Delhi value Added Tax Rules, 2005.
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
FINANCE (REVENUE-1). DEPARTMENT
DELHI SACHIVALAYA, I.P. ESTATE: NEW DELHI-110 002
No. F.3(25)/Fin(Rev-I)/2015-2016/dsvi/954
Dated: the 18/12/2015
NOTIFICATION
No. F.3(25)/Fin(Rev-I)/2015-2016 .-In exercise of the powers conferred by section 102 of the Delhi Value Added Tax Act, 2004 (Delhi Act 3 of 2005), the Lt. Governor of the National Capital Territory of Delhi, hereby, makes the following rules further to amend the Delhi Value Added Tax Rules, 2005, namely:-
1. Short title and commencement.-
(1) These rules may be called the Delhi Value Added Tax (Amendment) Rules, 2015.
(2) They shall come into force on the date of their publication in the Delhi Gazette.
2. Amendment of rule 7.- In the Delhi Value Added Tax Rules, 2005 (hereinafter referred to as the principal Rules), in rule 7,-
(i) in sub-rule (1), in clause (b), for the existing proviso, the following proviso shall be substituted, namely:-
“Provided that in case of following goods, the tax credit shall be reduced by 100 percents:
(i) Un-manufactured tobacco, tobacco and tobacco products in all forms such as cigarettes (irrespective of form and length), chewing tobacco, gutkha, cigars, hooka tobacco, khaini, zarda, surti, bidis etc.;
(ii) All kinds of lubricants. ” ; and
(ii) for sub-rule (5), the following sub-rule shall be substituted, namely:-
“(5) For the purposes of sub-section (10) of section 9 and sub-section (3) of section 10, in case of following goods, the tax credit shall be reduced by {(R-2)100/R} percents, where R is the rate of tax applicable as per section 4:
(i) Un-manufactured tobacco, tobacco and tobacco products in all forms such as cigarettes (irrespective of form and length), chewing tobacco, gutkha, cigars, hooka tobacco, khaini, zarda, surti, bidis etc.;
(ii) All kinds of lubricants. “.
3. Amendment of rule 43: In the principal Rules, in rule 43, for sub-rule (1), the following sub-rule shall be substituted, namely:-
“(1) The owner, driver or person in charge of the goods vehicle shall carry the Transport Receipt in Form DVAT-32, sale invoice or delivery note in Form DVAT-33, export ‘declaration in Form DVAT-34 or import declaration in Form DVAT-35 or transit slip in Form DVAT 35A, as the case may be and any other document as may be required by the Commissioner by way of a notification in the Official Gazette in the form and manner as specified in such notification.”
By order and in the name of the
Lt. Governor of the National Capital
Territory of Delhi
(A.K. Singh)
Dy. Secretary VI (Finance)
Sir,what I understand from above Notification Dt.18/12/15 that %age of ITC reduction prescribed earlier by Notification Dt.24-7-2008 (w.e.f.01/6/08)pertained to Stock Transfer from Delhi(Section 9(6)(1)(b)DVAT Act)stands amended(w.e.f.18/12/15)to 100% ITC reduction in r/o tobacco goods & lubricants, whereas the substituted sub-rule (5)of Rule 7(w.e.f.18/12/15) talks of tax reversal by 18% of the Local purchase value of such goods in case of goods that are exported from Delhi by way of sale u/s 8(1)of CST Act, which tantamount to 90% tax reversal, although Section 9(10)was inserted w.e.f.18/6/12