Power to make rules.
208. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Scheme.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––
(a) the form in which a declaration may be made and the manner in which such declaration may be verified under sub-section (1) of section 200 ;
(b) the form of certificate which may be granted under sub-section (1) of section 201;
(c) the manner in which orders may be published under sub-section (2) of section 206;
(d) any other matter which by this scheme is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.
(3) Every rule made by the Central Government under this Scheme shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Notes on Clauses:
Clauses 197 to 208 of the Bill seeks to insert a new Chapter X in the Finance Bill, 2016 which deals with the Direct Tax Dispute Resolution Scheme, 2016.
The Scheme is proposed to come inforce from 1st June, 2016 and be open for declaration made up to a date to be notified by the Central Government in the Official Gazette.
The new Chapter, inter alia, provides––
(a) the definition of certain expressions relating to “declarant”, “designated authority”, “disputed income”, “disputed tax”, “disputed wealth”, “specified tax” and “tax arrear”;
(b) the proviso relating to the declaration of tax payable under this Scheme by the declarant;
(c) the provisions relating to the particulars to be furnished in the form of declaration;
(d) the provisions relating to the time and manner of payment;
(e) the provisions relating to granting of immunity from initiation of procedings in respect of an offence and imposition of penalty in certain cases;
(f) the provisions relating to no refund of amount paid under the Scheme;
(g) the provisions relating to other benefit, concession or immunity not to apply in other proceedings;
(h) the provisions relating to non-applicability of the Tax Dispute Resolution Scheme, 2016 in certain cases;
(i) the provisions relating to the power of the Central Government to issue directions; and
(j) the provisions relating to the power to remove difficulties in giving effect to the provisions of the Direct Tax Dispute Resolution Scheme, 2016.
