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Delhi Value Added Tax - Message form the Commissioner
November, 01st 2010

Message form the Commissioner

Dear Taxpayer,

This guide is intended to explain how the Delhi Value Added Tax (DVAT) system works, and what you need to do when you have registered for the new tax.

We have written this guide especially for small businesses and organizations that have to charge DVAT and need information about how to do this. I hope that you will find it useful. It's designed to help you to:

1. Understand your rights and responsibilities as a taxpayer;
2. Make correct tax returns and payments;
3. Obtain your tax credits and refunds as quickly as possible; and
4. Avoid incurring interest and penalties.

When the guide refers to "you", we mean you as a business entity.

Where the guide refers to "we", "Commissioner", "Department" it means the authorities responsible for the administration of DVAT.

In certain parts we have also made passing references to your liability under the Central Sales Tax Act, 1956 ("the CST Act"). However, please remember that this is not a comprehensive guide to determine your liabilities under the CST Act.

The information in the guide may not always cover the facts relevant to your particular case or apply fully to your circumstances. We advise you to review the DVAT Act and the rules to determine the application of tax to your transactions and activities. The guide also reflects amendments to the DVAT Act and rules that have been proposed by the government.

You can always get further help by contacting us, as described on the last page of this guide.

Sincerely yours,

Commissioner of Delhi Value Added Tax
Government of the National Capital Territory of Delhi

Note: The information in this guide is current at February 2005
Contents
Message From the Commissioner 1
Contents 2
Part 1 - How DVAT Works 5
What is DVAT? 5 DVAT Mechanism 5
What Happens to CST? 6
Who is Covered Under the DVAT System? 6
What Do You Need to Do Once Registered? 6
How Are You Assessed? 6
Do You Still Need to Collect and Issue Declaration Forms Under DVAT Act? 7
Other Things You Should Know 7
Part 2 - Registration 8
Who Should Register? 8
Registration for Dealers Already Registered Under DST/CST 8
How to Register? 9
When Will You be Registered 9
Rights & Responsibilities as a Registered Dealer 10
Credit for Stock Brought Forward During Transition 10
Amendment/Cancellation of Registration Certificate 10
De-Registration 11 Registration of a Casual Dealer 11
Consequences of Registration as a Casual Dealer 11
Part 3- Calculation of Taxes 13
Basic Concepts: 13
Types of Sales 14
What Input Tax Credits Can You Claim: 15
Adjustments to Tax Credits 15
Refund or Carry Forward of Excess Tax Credits 16
Rates of Tax 16 Packing Materials and Containers 16
Other Rules for Calculating the Tax 16
Sale Price and Taxable Turnover 16
Time of Sale and Purchase 17
Tax Period 17
Part 4- Books and Records 18
Accounting Basis 18
Accrual Basis 19
Cash Basis 19
Tax Invoice 19
What Should a Tax Invoice Contain 19
Duplicate and Proforma Tax Invoices 20
Retail Invoice 20
Credit and Debit Notes 20
Part 5 - Payment of Taxes and Submission of Returns 21
When to Pay Your Taxes 21
How and Where to Pay Your Taxes 21
What if You Delay in Making the Payments 21
How is Interest Calculated? 21
Tax Returns 22
When Should You File Your Return 22
Revised Return 22
When to Submit Your CST Returns 22
Annual Reconciliation Statement 23
Part 6 - Refunds and Adjustments 25
Refunds 25
When Can Your Refund be Withheld? 25
Interest on Refunds 25
Manner in Which a Claim of Refund is to be Made 25
Security for Cash Refund 26
Adjustments 26
Adjustment to Tax When There is a Change in the Nature of the Sale 26
Adjustment to Tax for Goods Used for Mixed Purposes 27
Adjustments to Tax Credit 28
Adjustment to Tax Credit Due to a Change in Price 28
Adjustment to Tax Credit for Change of Use 28
Adjustment for Bad Debts 29
Part 7 - Assessment and Audit 31
Assessment 31
When are You Assessed 31
Self-Assessment 31
Default Assessment 31
Assessment of CST 31
Limitation on Assessment and Re-assessment 32
Interest on Additional Tax Owed 32
Audit 32
Part 8 - Border Controls and Checkposts 33
Entry of Goods in Delhi 33
Refusal of Entry of Goods 33
Removal of Goods 34
Custody, Return and Disposal of Goods Seized 34
Part 9 - Special Transactions 35
Second-Hand Goods 35
Hire Purchase 36
Repossessions 36
Leases 37
Works Contract 37
Tax Deductions at Source 39
Advance Payments 39
Agents 39
Composition Scheme for Specified Dealers 40
Tax Payable Under Composition Scheme 40
Restrictions 40
Tax on Opening Stock . 40
Related Parties 41
Part 10 - Transitional Provisions 42
Registration During Transition 42
Transitional Credit on Opening Stock Held on April 1, 2005 42
How to Go About It 42
Restriction on the Credit 43
How Much Transitional Stock Credit Can You Claim? 43
Annexures 44
Form DVAT 02 49
Form DVAT 03 54
Form DVAT 4A 59
Form DVAT 05 64
Form DVAT 06 65
Form DVAT 07 66
Form DVAT 09 80
Form DVAT 16 83
Form DVAT 17 86
Form DVAT 18 88
Form DVAT 20 92
Form DVAT 21 100
Form DVAT 21A 102
Form DVAT 22 103
Form DVAT 23 105
Form DVAT 24 108
Form DVAT 32 109
Form DVAT 33 110
Form DVAT 34 112
Form DVAT 35 117
Form DVAT 35A 122
Form DVAT 35B 124
Form DVAT 37 125
Form DVAT 43 126
Form DVAT 44 127
Form DVAT 45 128
Form DVAT 46 129
Form DVAT 48 130
Services You May Need 131
Commissioner of Delhi Value Added Tax 131
Our Address 131
Our Telephone Numbers 131
Our E-mail Address 131 Our Website 131
 
 
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