TMI BlogAmends the Delhi Value Added Tax Rules, 2005X X X X Extracts X X X X X X X X Extracts X X X X ..... inserted at the end thereof. 3. Insertion of new rule 7B In the principal Rules, after rule 7A, the following shall be inserted, namely:- " 7B.Adjustment of tax due to retrospective reduction of tax liability by virtue of the Delhi Value Added Tax (Second Amendment) Act, 2005 (Sec 4, 15 105(4)) A dealer, in consequence of the retrospective operation of - a) the reduced rates of tax on the turnover pertaining to declared goods involved in the execution of works contracts and the works contracts which are in the nature of printing works in accordance with the provisions of section 4; or b) the eligibility to claim input tax credit on purchase of second hand goods from the resident seller under sub-section (2) of section 15; or c) the discharge of tax liability on works contracts in accordance with the provisions of sub-section (4) of section 105, shall re-compute his tax liability and shall make adjustments on account of excess amount of tax deposited under the Act, if any, in the first return which is due to be filed after the date of notification of the Delhi Value Added Tax (Fifth Amendment) Rules, 2005: Provided that the dealer shall not make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a dealer or a class of dealers irrespective of his or their turnover." (b) for sub-rule(3), the following shall be substituted, namely:- "A dealer to whom - (a) clause (a) of sub-rule (1) applies, can opt the tax period of six months or a quarter or one month; or (b) clause (b) of sub-rule (1) applies, can opt the tax period of a quarter or one month; or (c) clause (c) of sub-rule (1) applies, can opt the tax period of one month, and the option so exercised by him during a particular year by furnishing an intimation in accordance with sub-rule (4) of this rule, shall not be changed during that year: Provided that for the year 2005-06, an option to change the tax period may be exercised with effect from the first day of October, 2005." (c) for sub-rule(4), the following shall be substituted, namely:- "(4)An intimation for change in tax period in accordance with sub-rule (1) or sub-rule (3) of this rule shall be furnished to the Commissioner in Form DVAT 55 within 15 days from the first day of the year in which tax period is being changed: Provided that for the year 2005-06, intimation for change of tax period shall be furnished within fifteen days from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e repealed Act"), who is eligible and liable to discharge his tax liability under the Act in accordance with the provisions of sub-section (4) of section 105, he shall furnish the details of all partly executed contracts as on 31 st March, 2005 to the Commissioner, in a statement in Form DVAT 53 along with his first return due to be filed after the notification of the Delhi Value Added Tax (Fifth Amendment) Rules, 2005 along with the documents and information as specified in the said Form DVAT 53 and such dealer shall compute his tax liability in the manner as given in the statement in Form DVAT 54: Provided that where a dealer fails to furnish a statement in Form DVAT 53, complete in all respects, within the time so prescribed, his liability to pay tax shall not be discharged in accordance with the provisions of sub-section (4) of section 105 and he shall be liable to pay tax at the rates specified in section 4. (2)The dealer who is eligible and liable to discharge his tax liability under the Act in accordance with the provisions of sub-section (4) of section 105 and has submitted the statement in Form DVAT 53 in accordance with provisions of sub-rule (1), he shall furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form DVAT 24B." 36B.Rectification of mistakes and review (1) The application for rectification of a mistake in any order shall be filed in Form DVAT 38B. (2) The application for review of an assessment or reassessment or order shall be in Form DVAT 38C. (3) No application for review under sub-section (5) of section 74B of an assessment or reassessment or an order shall be entertained if the application is not presented within thirty days from the date of such assessment or reassessment or order. (4) The Commissioner or any person appointed under section 66 shall be competent under sub-section (5) of section 74B to review any assessment or reassessment or order made by his predecessor in office. (5) Where a person has made an application for review of an assessment or reassessment or an order under the provisions of section 74B, the Commissioner shall not be prevented from enforcing the payment of any amount in dispute in that order. (6) Where a person, who has made an application for review of assessment or reassessment or an order, intends to file an objection under section 74 or an appeal under 76, the person shall withdraw his application for review before f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken under management, the receiver shall, subject to the control of the Commissioner, have such powers as may be necessary for the proper management of the property and the realization of the profits, or rent and profits, thereof. (8) The profits, or rents and profits, of such movable or immovable property, shall, after defraying the expenses of management, be adjusted towards discharge of the arrears, and the balance, if any, shall be paid to the defaulter: Provided that where the balance cannot be paid to the defaulter due to any reason, the said balance shall be deposited in the Government treasury. (9) The attachment and management of movable and immovable properties may be withdrawn at any time at the discretion of the Commissioner, or if the arrears are discharged by receipt of such profits and rents or are otherwise paid. (10) There shall be recoverable, in the proceedings in execution of every certificate, all charges incurred in respect of - (a) the service of notice upon the defaulter to pay the arrears, and the warrants and other processes, and (b) all other proceedings taken for realising the arrears. (11)Without prejudice to the provisions of sub-sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to furnish the security for the above-mentioned amount by_______________(Date) and provide proof thereof to the undersigned so that the refund can be processed accordingly. Place________________ Signature_________________ Date_________________ Designation_________________ Note: Please quote your TIN while communicating with the Department in this matter or in any other matter whatsoever. 16. Insertion of new Forms DVAT 24B, DVAT 25A, DVAT 38B, DVAT 38C, DVAT 52, DVAT 53, DVAT 54 and DVAT 55 In the principal Rules, in the Forms appended thereto, (a) after Form DVAT 24A, the following Form shall be inserted namely:- FORM DVAT 24B (See rule 36A) Notice under sub-section (2) of section 74A To M/s .. .. (TIN ... ) Whereas it appears that in the order No ..dated passed under section . by .. for the period from ..to in your case, - (i) a certain turnover of sales which has not been brought to tax or has been brought to tax at lower ..... X X X X Extracts X X X X X X X X Extracts X X X X
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