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Core Purpose

Notification amending Delhi's State Tax (Rate) Notification No. 11/2017 under the Delhi Goods and Services Tax Act, 2017, revising input tax credit conditions for certain rent-a-cab services and omitting certain entries in the Scheme of Classification of Services.

Detailed Summary

This notification, issued by the Finance (Expenditure-I) Department, Government of the National Capital Territory of Delhi, dated 14th August 2024 (No. 12/2023-State Tax (Rate), No. F.3(05)/Fin.(Exp-I)/2024-25/DS-I/694), amends Notification No. 11/2017-State Tax (Rate) (originally published vide F.3(15)/Fin(Rev-I)/2017-18/DS-VI/381 dated 30th June 2017 and last amended vide Notification No. 06/2023-State Tax (Rate), F.3(22)/Fin(Exp-I)/2023-24/DS-I/122, dated 7th February 2024), in exercise of powers under sub-sections (1), (3) and (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15, sub-section (1) of section 16 and section 148 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), by the Lieutenant Governor of the National Capital Territory of Delhi on the recommendations of the GST Council. Against serial number 8 (item (vi)) and serial number 10 (item (i)) of the Table, a condition is inserted restricting input tax credit on same-line-of-business input services where the supplier charges state tax above 2.5%, illustrated by an example in which a service costing Rs. 1,000 involves an input service costing Rs. 800 taxed at 6% (Rs. 48), with credit capped at Rs. 20 (2.5% of Rs. 800) rather than the full Rs. 48. Against serial number 34, the words "totalisator or a license to" in column (3) item (iv) are substituted with "licensing a", and item (v) and its entries are omitted. In the Annexure (Scheme of Classification of Services), serial numbers 696 and 698 and their entries are omitted. The notification takes effect from 20th October 2023 and is signed by Ravinder Kumar, Deputy Secretary (Exp.-I), by order of the Lieutenant Governor.

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-20082024-256487 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 212] DELHI, WEDNESDAY, AUGUST 14, 2024/SHRAVANA 23, 1946 [N. C. T. D. No. 154 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI 5227 DG/2024 FINANCE (EXPENDITURE-I) DEPARTMENT NOTIFICATION Delhi, the 14th August, 2024 No. 12/2023-State Tax (Rate) No. F. 3 (05)/Fin.(Exp-I)/2024-25/DS-I/694.—.In exercise of the powers conferred by sub-section (1), sub- section (3) and sub-section (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15, sub-section (1) of section 16 and section 148 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), the Lieutenant Governor of National Capital Territory of Delhi, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the Government's Notification No. 11/2017- State Tax (Rate), published in the Gazette of Delhi, Extraordinary, Part IV, Section 3, Sub- section (i), vide number F.3 (15)/Fin(Rev-I)/2017-18/DS-VI/381, dated 30th June, 2017, namely:— In the said notification,— (A) in the Table,— (i) against serial number 8, in column (3), in item (vi), after the condition in column (5) against the rate of 2.5 percent, the following condition shall be inserted, namely:— “Provided further that where the supplier of input service in the same line of business charges state tax at a rate higher than 2.5%, credit of input tax charged on the input service in the same line of business in excess of the tax paid or payable at the rate of 2.5%, shall not be taken. Illustration: 'A' engages 'B' for transport from New Delhi to Jaipur in a motor cab for Rs. 1000. 'B', for supplying the said service, hires a motor cab with operator from 'C' for Rs. 800. 'C' charges 'B' state tax at the rate of 6% (Rs. 48). If 'B' charges 'A' state tax at the rate of 2.5%, he shall be entitled to take input tax credit on the input service in the same line of business supplied by 'C' only to the extent of Rs. 20 (2.5% of Rs. 800) and not Rs. 48."; (ii) against serial number 10, in column (3), in item (i), after the condition in column (5) against the rate of 2.5 percent,, the following condition shall be inserted, namely:- "Provided further that where the supplier of input service in the same line of business charges state tax at a rate higher than 2.5%, credit of input tax charged on the input service in the same line of business in excess of the tax paid or payable at the rate of 2.5%, shall not be taken. Illustration: 'A' engages 'B' for transport from New Delhi to Jaipur in a motor cab for Rs. 1000. 'B', for supplying the said service, hires a motor cab with operator from 'C' for Rs. 800. 'C' charges 'B' state tax at the rate of 6% (Rs. 48). If 'B' charges 'A' state tax at the rate of 2.5%, he shall be entitled to take input tax credit on the input service in the same line of business supplied by 'C' only to the extent of Rs. 20 (2.5% of Rs. 800) and not Rs. 48."; (iii) against serial number 34, — (a) in column (3), in item (iv), for the words "totalisator or a license to", the words "licensing a" shall be substituted; (b)in column (3), item (v) and the entries relating thereto shall be omitted; (B) in the Annexure: Scheme of Classification of Services, (i) serial number 696 and the entries relating thereto shall be omitted; (ii) serial number 698 and the entries relating thereto shall be omitted. 2. This notification shall come into force with effect from the 20thday of October, 2023. Note:-The principal notification number 11/2017 -State Tax (Rate), was published in the Gazette of Delhi, Extraordinary, Part IV, Section 3, Sub- section (i), vide number F.3 (15)/Fin(Rev-I)/2017-18/DS-VI/381, dated 30th June, 2017 and was last amended vide notification number 06/2023-State Tax (Rate), published in the Gazette of Delhi, Extraordinary, Part IV, Section 3, Sub- section (i), vide number F.3 (22)/Fin(Exp-I)/2023-24/DS-I/122, dated 07th Feb, 2024. By Order and in the Name of the Lt. Governor National Capital Territory of Delhi RAVINDER KUMAR, Dy. Secy. (Exp.-I) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR Digitally signed by SARVESH KUMAR SRIVASTAVA SRIVASTAVA 2024.08.20 20:13:48 +0530

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