Delhi Value Added Tax Act, 2004 (DVAT Act)
A section-wise reference to the Delhi Value Added Tax Act, 2004, covering levy and computation of VAT, registration, returns, assessments, refunds, recovery, objections, appeals, penalties and offences.
Delhi Act 3 of 2005
Effective from 1 April 2005
Legacy VAT law after GST
Current legal position: GST was introduced in Delhi from 1 July 2017 under the Delhi Goods and Services Tax Act, 2017. The DVAT Act remains relevant for legacy VAT periods, pending assessments, refunds, objections, appeals, recovery and other proceedings relating to transactions governed by the pre-GST Delhi VAT regime. For a present-day transaction, first determine whether GST or another applicable tax law governs the supply.
Section 1 - Short title, extent and commencement
(1) This Act may be called the Delhi Value Added Tax Act, 2004.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It came into force with effect from 1 April 2005, subject to the commencement provisions and notifications issued under the Act.
Section-wise DVAT Act, 2004
Chapter I - Preliminary
Chapter II - Imposition of Tax
- Section 3 : Imposition of tax
- Section 4 : Rates of tax
- Section 5 : Taxable turnover
- Section 6 : Sale exempt from tax
- Section 7 : Certain sales not liable to tax
- Section 8 : Adjustments to tax
- Section 9 : Tax credit
- Section 10 : Adjustment to tax credit
- Section 11 : Net tax
- Section 11A : Tax on goods supplied by contractee
- Section 12 : Time at which turnover, turnover of purchases and adjustments arise
Chapter III - Special Regimes
Chapter IV - Registration and Security
- Section 18 : Mandatory and voluntary registration
- Section 19 : Registration
- Section 20 : Effect of registration
- Section 21 : Amendment of registration
- Section 22 : Cancellation of registration
- Section 23 : Effect of de-registration
- Section 24 : Registration during transition
- Section 25 : Security from certain classes of dealers and other persons
Chapter V - Returns
Chapter VI - Assessment, Payment, Interest, Penalties and Refunds
- Section 30 : Assessment of tax, interest or penalty
- Section 31 : Self assessment
- Section 32 : Default assessment of tax payable
- Section 33 : Assessment of penalty
- Section 34 : Limitation on assessment and re-assessment
- Section 35 : Collection of assessed tax and penalties
- Section 36 : Manner of payment of tax, penalties and interest
- Section 36A : Tax deducted at source
- Section 37 : Order of application of payments
- Section 38 : Refunds
- Section 39 : Power to withhold refund in certain cases
- Section 40 : Collection of tax only by registered dealers
- Section 40A : Agreement to defeat the intention and application of this Act to be void
- Section 41 : Refund of tax for embassies, officials, international and public organizations
- Section 42 : Interest
Chapter VII - Recovery of Tax, Interest and Penalties
- Section 43 : Recovery of tax
- Section 44 : Application of the Delhi Land Reforms Act, 1954 for purposes of recovery
- Section 45 : Continuation of certain recovery proceedings
- Section 46 : Special mode of recovery
- Section 46A : Provisional attachment to protect revenue in certain cases
- Section 47 : Transfer of assets during pendency of proceedings void
- Section 47A : Liability under this Act to be the first charge
Chapter VIII - Accounts and Records
Chapter IX - Liability in Special Cases
Chapter X - Audit, Investigation and Enforcement
- Section 58 : Audit
- Section 58A : Special Audit
- Section 59 : Inspection of records
- Section 60 : Power to enter premises and seize records and goods
- Section 61 : Power to stop, search and detain goods vehicles
- Section 62 : Custody and release of records
- Section 63 : Custody, return and disposal of goods, goods vehicle and security
- Section 64 : Detention of goods pending disclosure
- Section 65 : Obligation to provide reasonable assistance
Chapter XI - VAT Authorities and Appellate Tribunal
- Section 66 : Value Added Tax Authorities
- Section 67 : Powers and responsibilities of the Commissioner
- Section 68 : Delegation of Commissioner's powers
- Section 69 : Change of an incumbent of an office
- Section 70 : Power of Commissioner to make notifications
- Section 71 : Persons to be public servants
- Section 72 : Immunity from civil suit
- Section 73 : Appellate Tribunal
Chapter XII - Objections, Appeals, Disputes and Questions
- Section 74 : Objections
- Section 74A : Revision
- Section 74B : Rectification of mistakes and Review
- Section 75 : Power of Commissioner and other authorities to take evidence on oath, etc
- Section 76 : Appeals to Appellate Tribunal
- Section 77 : Extension of period of limitation in certain cases
- Section 78 : Burden of proof
- Section 79 : Bar on appeal or objection against certain orders
- Section 80 : Assessment proceedings, etc. not to be invalid on certain grounds
- Section 81 : Appeal to High Court
- Section 82 : Appearance before any authority in proceedings
- Section 83 : Bar of suits in civil courts
- Section 84 : Determination of specific questions
- Section 85 : Ruling on general questions
Chapter XIII - Penalties and Offences
- Section 86 : Penalties
- Section 87 : Automatic mitigation and increase of penalties
- Section 88 : Relationship to assessment and impact on criminal penalties
- Section 89 : Offences and criminal penalties
- Section 90 : Offences by companies, etc
- Section 91 : Cognizance of offences
- Section 92 : Investigation of offences
- Section 93 : Compounding of offences
- Section 94 : Chapter XXXVI of the Code of Criminal Procedure, 1973, not to apply to certain offences
Chapter XIV - Miscellaneous
- Section 95 : Dealer to declare the name of manager of business, Permanent Account Number and IEC Importer Exporter Code
- Section 96 : Service of notice when family is disrupted or firm is dissolved
- Section 97 : Service of notice in the case of discontinued business
- Section 98 : Returns, etc. to be confidential
- Section 99 : Publication and disclosure of information in respect of dealers and other persons in public interest
- Section 100 : Power to collect statistics
- Section 100A : Automation
- Section 101 : Setting up of check-posts and barriers
- Section 102 : Power to make rules
- Section 103 : Power to amend Schedules
- Section 104 : Power to remove difficulties
- Section 105 : Application to sales and purchases
- Section 106 : Repeal and savings
- Section 107 : Amnesty Scheme