Delhi Value Added Tax Act

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ADVISORY

ON

DELHI VALUE ADDED TAX ACT, 2004

DEFINITIONS:
1. Dealer: means any person who, for the purpose of or consequential to his
engagement in or in connection with or incidental to or in the course of his
business, buys or sells goods in Delhi directly or otherwise, whether for
cash or for deferred payment or for commission, remuneration or other
valuable consideration and includes, -
(i) a factor, commission agent, broker, del credere agent or any other
mercantile agent by whatsoever name called, who for the purpose of
or consequential to his engagement in or in connection with or
incidental to or in the course of the business, buys or sells or supplies
or distributes any goods on behalf of any principal or principals
whether disclosed or not;
(ii) a non-resident dealer or as the case may be, an agent, residing in the
State of a non-resident dealer, who buys or sells goods in Delhi for
the purpose of or consequential to his engagement in or in
connection with or incidental to or in the course of the business;
(iii) a local branch of a firm or a company or association of persons,
outside Delhi where such firm company, association of persons is a
dealer under any other sub-clause of this definition;
(iv) a club, association, society, trust, or cooperative society, whether
incorporated or unincorporated, which buys goods from or sells
goods to its members for price, fee or subscription, whether or not in
the course of business ;
(v) an auctioneer, who sells or auctions goods whether acting as an
agent or otherwise or, who organizes the sale of goods or conducts
the auction of goods whether or not he has the authority to sell the
goods to sell the goods belonging to any principal, whether disclosed
or not and whether the offer of the intending purchaser is accepted
by him or by the principal or a nominee of the principal ;
(vi) a casual trader ;
(vii) any person who, for the purpose of or consequential to his
engagement in or in connection with or incidental to or in the course
of his business disposes of any goods as unclaimed or confiscated, or
as unserviceable or scrap, surplus, old, obsolete or as discarded
material or waste products by way of sale.

2. Capital Goods: [Section 2(1)(f) of the DVAT Act]


“Capital goods” means plant, machinery and equipment used, directly or
indirectly, in the process of trade or manufacturing or for execution of
works contract in Delhi.

Capital Assets vs. Capital Goods: It is important to observe that the DVAT
Act has defined the term “capital goods” and not “capital assets”. “Capital
assets” is a wider term and covers all capital goods which are used for the
purpose of business, and therefore, will include those capital goods which
are not included in the definition of “capital goods”, e.g., furniture, motor
vehicles, etc. Whenever under the DVAT Act, the legislature has used the
term “capital assets”, its intention is to enlarge the scope. When, the term
“capital asset” is used in the definition of business under section 2(1) (d),
the intention is to cover sale of all capital assets. Therefore, for the purpose
of the DVAT Act, we can say that the term “capital assets” is genesis and
the term “capital goods” is its specie.
3. Input Tax: in relation to the purchase of goods, means the proportion of the
price paid by the buyer for the goods which represent tax for which the
selling dealer is liable under this Act.
4. Net Tax: means the amount calculated for a tax period under section 11 of
this Act.

1. Purchase Bills:
(i) Name of the party.
(ii)

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