Delhi
Value Added Tax Act, 2004, (hereinafter called DVAT Act) is a multi-stage tax on sale of goods, work
contract, lease and hire purchase in Delhi.
Delhi Value Added Tax Act, 2004 replaced four statutes: Delhi Sales Tax
Act, 1975, Delhi Sales Tax on Works Contract Act, 1999, Delhi Tax on Entry of
Motor Vehicles into Local Areas Act, 1994 and Right to Use Goods Act, 2002.
DVAT
Act was passed by the Legislative Assembly of the National Capital Territory of
Delhi on the 22nd December 2004 and received the assent of the President of
India on 15th February 2005
The
Act has come into force with effect from 1st April 2005 vide Notification No.
F.101(318)/2005-Fin.(A/Cs)(i)/8581,
dated 30th March 2005.
Rates of tax under DVAT Act
The DVAT Act prescribes the
following rates of tax on different types of goods:
a) 1% Rate: Goods
listed in the Second Schedule
b) 5% Rate: Goods
listed in the Third Schedule and the printing works contracts.
c) 20% Rate: Goods
listed in the Fourth Schedule.
d) 12.5% Rate:
Goods involved in the execution of works contracts except printing works contract.
e) 12.5% Rate: Any
goods not mentioned in the Second, Third and Fourth Schedules or in the First
Schedule (exempted goods)
Type of Registration under Delhi Value Added
Tax Act, 2004
1.
Mandatory
registration
As
per section 18 of DVAT Act, every dealer
is required to apply for registration under this Act if the dealer’s turnover
in the current year exceeds twenty lakh rupees or the dealer is liable to pay
tax, or is registered or required to be registered under Central Sales Tax Act,
1956.
2. Voluntary registration
Any
person who is not required to get registered, but intends from a particular
date to undertake activities which would make him a dealer may apply for
voluntary registration under DVAT Act.
A dealer who is
required to apply for registration under section 18 shall make an application
for registration to the Commissioner in Form DVAT-04 within a period of 30 days
from the date of his becoming liable to pay tax under the Act.
Procedure for Registration:
1. Dealer to intimate PAN and brief particulars including email,
mobile phone etc., on line to begin with.
2. PAN shall be verified from Income Tax data base maintained by NSDL.
The process will be streamlined further and PAN verification would be done on
real time basis shortly.
3. On successful PAN verification, user ID and password would be
communicated to the registrant on the same day.
4. Dealer can file registration application under DVAT and/ or CST, as
the case may be, and deposit fee of Rs. 1025 online.
5. Scanned requisite documents are required to be uploaded with the
application online.
6. Registration number/TIN would be generated on submission of
application.
Registration Certificate would be made
available in the login of dealer on the same day. It would be a Provisional
Registration till physical verification is made.
7. The application(s) would be made available in the login of
concerned ward. VATO
who will examine the application documents and
get the physical verification done through ward VATI within 7 days.
8. On satisfactory inspection and due verification of requisite
documents, signed copy of the RC would be dispatched to the dealer by post.
9. In case of adverse report, show cause notice in form DVAT-10 would
be issued and disposed of.
10. In the aforesaid process, Registration number/TIN would be issued
within a
day to the dealer pending physical
verification. Registration Certificate (RC) which
would
be provisional would also be made available in the login of the dealer.
Documents required
In case of Proprietorship firm :
- Aadhar Card and pan card of
Proprietor-Self Attested
- Duly certified copy of
registration certificate (if any)
- Copy of proof of Address of
Proprietor – Self Attested
- 2 passport size photograph of
Proprietor
5.
Bank Account Details of the firm (Cancelled Cheque)
- Registered Office Address Proof
·
If Rented: Rent Agreement and utility bill likely
electricity bill, telephone bill, etc & No Objection Certificate from land
owner.
·
If Owned: Ownership proof. Receipt of Municipality tax
paid.
- Rubber Stamp.
- Mail id and Mobile number of firm.
- List of main Items of Business
- Description of top 5 items the
firm want to deal
- Copy of Purchase and Sales Bill
(if transaction is done).
- Details and proof of Number of
additional places of business within or
outside the state
- Expected turnover in coming
year.
Documents required n case of Partnership Firm
1.
PAN card of the Firm and the Partners
2.
Partnership Deed.
3.
Address Proof of Partners.(Voter ID, Passport, Driving License)
4.
Aadhar Card / UID application slip of Partners. ( Mandatory)
5.
Bank Account Details of the firm (Cancelled Cheque)
6.
Registered Office Address Proof
·
If Rented: Rent Agreement and utility bill likely electricity
bill, telephone bill, etc & No Objection Certificate from land owner.
·
If Owned: Ownership proof. Receipt of Municipality tax paid.
7.
2 passport size photograph of all the partners.
8.
Rubber Stamp.
9. Mail id and
Mobile number.
10. List of main
Items of Business
11. Description of
top 5 items the firm want to deal
12. Copy of
Purchase and Sales Bill (if transaction is done).
13. Details and proof of Number of additional places of business
within or
outside
the state.
14. Expected
turnover in coming year.
Documents
required In case of Private Limited Company.:
- Duly certified copy of
registration certificate & Memorandum & Articles.
- Copy of PAN card, Aadhar Card
& address proof of authorized signatory – Self Attested
Copy of PAN card of Company
- Board Resolution and Power of
Attorney in favour of person signature the form (if other than Director)
- 2 passport size photograph of
Authorised Signatory
5.
Bank Account Details of the Company(Cancelled Cheque)
- Registered Office Address Proof
·
If Rented: Rent Agreement and utility bill likely
electricity bill, telephone bill, etc & No Objection Certificate from land
owner.
·
If Owned: Ownership proof. Receipt of Municipality tax
paid.
- Two passport size photograph of
all directors.
- Copy of PAN Card and & One
address proof of all directors.
- List of Director’s / Share
Holders
- Mail id and Mobile number of
Company.
- List of main Items of Business
- Description of top 5 items the
firm want to deal
- Copy of Purchase and Sales Bill
(if transaction is done).
- Details and proof of Number of
additional places of business within or
outside the state
- Expected turnover in coming
year.
Source:
DVAT Act and Rules.
Disclaimer: Statements and opinions expressed in
articles are those of the author’s personal views. While every care has been
taken in the compilation of this information and every attempt made to present
up-to-date and accurate information, we cannot guarantee that inaccuracies will
not occur. Readers are advised to refer relevant provision of law before
applying or accepting any of the point mentioned above. Author accepts no
responsibility whatsoever and will not be liable for any losses, claims or damages
which may arise because of the contents of this write up
The Author is an Associate Member of the
Institute of Company Secretaries of India.
KUNDAN KUMAR MISHRA
Practicing Company Secretary
New Delhi
Mob: +91-9899208090
cskundanmishra@gmail.com.
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