In exercise of the powers conferred by sub-section (3) of section 8 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government being of the opinion that it is expedient in the public interest so to do, hereby exempts from payment of tax leviable on transfer of property in goods (whether as goods or in some other forms) involved in execution of works contract related to elevated road from Road Over Bridge at Ajmer Road to beyond Queens Road Crossing, awarded by Jaipur Development Authority (hereinafter to be referred as JDA) to Delhi Metro Rail Corporation Limited (hereinafter to be referred as DMRC), on the following conditions, namely:-
1. That DMRC shall furnish an application in the Form-EC-1 appended to this notification through JDA, that he shall pay an amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur, in lieu of tax payable by DMRC, within thirty days from the date of issuance of this notification.
2. That DMRC shall authorize JDA to deposit an amount equal to 1.5% of the total amount of JDA part in construction of elevated road on Ajmer Road, Jaipur, from payment made to him and shall submit the application to JDA for further necessary action in this regard.
3. That the JDA shall furnish the application received from DMRC to his Assessing Authority or Assistant Commissioner / Commercial Taxes Officer having territorial jurisdiction over the JDA, along with the proof of deposit of Rs.225 lac., into the State exchequer through a challan in Form VAT-37 within fifteen days of the receipt of the application from DMRC.
4. Where the amount equal to 1.5% of the total amount of JDA part in construction of elevated road on Ajmer Road, Jaipur, is more than Rs.225 lac, the JDA shall deposit the balance amount within 15 days from the final bill of payment made to DMRC. and shall furnish an undertaking that in case the JDA fails to deposit the said amount within the said period, the said amount shall be recoverable from JDA along with interest at the rate as notified under section 55 of the Act.
5. That the Assessing authority of JDA or Assistant Commissioner / Commercial Taxes Officer having territorial jurisdiction over the JDA, after receipt of application in Form EC-1 from JDA duly supported with proof of payment of Rs.225 lac, shall issue a certificate in Form EC-2 appended to this notification to the assessing authority of DMRC mentioning therein that the transfer of property in goods involved in execution of works contract related to construction of elevated road from Road Over Bridge at Ajmer Road to Queens Road Crossing, as mentioned in the application Form EC-1, are exempt from lax under this notification along with the copy of application of DMRC, and a copy of the said certificate shall also be forwarded to DMRC.
6. That the DMRC and JDA shall not be entitled to claim input tax credit in respect of transfer of property in goods (whether as goods or in some other forms) for which an exemption certificate has been issued under clause 5 above.
7. That the tax collected or charged, if any, by DMRC or JDA before the issuance of this notification shall be deposited to the Stale Government and tax so deposited shall not be refunded or adjusted.
8. That the DMRC and JDA shall comply with the provisions of RVAT Act. 2003 and rules made, notifications, circulars and explanations issued thereunder.
Form-EC-1
Application to opt for payment of an amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur in lieu of tax
PART-A (To be filled by DMRC)
To.
The Assistant Commissioner Commercial Taxes Officer.
Circle..................
1. Name of applicant:
2. Address:
3. Registration No.(TlN):
4. Particulars of Contract(s);
(a) Construction of elevated road from Road Over Bridge at Ajmer Road to Queens Road Crossing.
(b) Date of award of the contract...............
(c) Total amount of contract awarded by DMRC Rs...........
(d) Total amount of JDA part in construction of elevated road on Ajmer Road, Jaipur
Rs...........
(e) Stipulated period of completion of the contract............
I,.................. S/o Shri ........................ aged about ........years working as.................. in M/s .............................. (name and address of the dealer), hereby opt to pay an amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur, in lieu of lax payable by me/ us, and hereby authorizes JDA to deposit the amount of fee equal to 1.5% of the total value of contract from payment made to them by JDA.
Verification
I verify that the above information is true and correct to the best of my knowledge and belief and I am authorized to submit this application.
Part-B (To be filled in by JDA)
To,
The Assistant Commissioner / Commercial Taxes Officer.
Contract for elevated road from Road Over Bridge at Ajmer Road to Queens Road has been awarded to DMRC by JDA and the said DMRC has furnished this application to opt to pay an amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur in lieu of tax payable by him, in terms of notification No.F.12(30)FD/Tax/11- 87 dated 12.12.2012 The following undertaking is being given by me on behalf of JDA.
Undertaking
I ................... S/o Shri ........................ aged about ........years working as.................. in JDA, is authorized to give this undertaking. 1 hereby undertake that I shall deposit an amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur, from payment made by JDA.
I, further undertake that in case the amount equal to 1,5% of the total amount of JDA part in construction of elevated road on Ajmer Road, Jaipur, is more than Rs.225 lac, I shall deposit the differential amount within 15 days from the final bill of payment made to DMRC. and in case I fail to deposit the said amount, it shall be paid by JDA along with interest at the rate as notified under section 55 of the Act.
The challan in Form VAT-37 as a proof of payment of Rs.225 lac is enclosed herewith.
Acknowledgement
Received from JDA duly completed application on behalf of DMRC in Form EC-1.
Form EC-2
The Assistant Commissioner. Commercial Taxes Officer.
(Assessing Authority of DMRC/Officer having territorial jurisdiction over DMRC) Circle..................
It is certified that DMRC has submitted an application through JDA and have opted to pay an amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur, and have authorized JDA to deposit the amount of fee equal to 1.5% of the total amount of the JDA part in construction of elevated road on Ajmer Road, Jaipur, from payment made by JDA.
The JDA has given undertaking to deposit in terms of notification No.F.12(30)FD/Tax/11- 87 dated 12.12.2012. as such no tax is payable by DMRC on the contract awarded to them by JDA for construction of elevated road from Road Over Bridge at Ajmer Road to Queens Road Crossing.
(Assessing Authority of JDA)
Copy to M/s .................................for information.
By order of the Governor.
(Aditya Pareek)
Deputy Secretary to the Government