Tax dues.
122. For the purposes of the Scheme, “tax dues” means-
(a) where-
(i) a single appeal arising out of an order is pending as on the 30th day of June, 2019 before the appellate forum, the total amount of duty which is being disputed in the said appeal;
(ii) more than one appeal arising out of an order, one by the declarant and the other being a departmental appeal, which are pending as on the 30th day of June, 2019 before the appellate forum, the sum of the amount of duty which is being disputed by the declarant in his appeal and the amount of duty being disputed in the departmental appeal:
Provided that nothing contained in the above clauses shall be applicable where such an appeal has been heard finally on or before the 30th day of June, 2019.
Illustration 1: The show cause notice to a declarant was for an amount of duty of ₹ 1000 and an amount of penalty of ₹ 100. The order was for an amount of duty of ₹ 1000 and amount of penalty of ₹ 100. The declarant files an appeal against this order. The amount of duty which is being disputed is ₹ 1000 and hence the tax dues are ₹ 1000.
Illustration 2: The show cause notice to a declarant was for an amount of duty of ₹ 1000 and an amount of penalty of ₹ 100. The order was for an amount of duty of ₹ 900 and penalty of ₹ 90. The declarant files an appeal against this order. The amount of duty which is being disputed is ₹ 900 and hence tax dues are ₹ 900.
Illustration 3: The show cause notice to a declarant was for an amount of duty of ₹ 1000 and an amount of penalty of ₹ 100. The order was for an amount of duty of ₹ 900 and penalty of ₹ 90. The declarant files an appeal against this order of determination. The departmental appeal is for an amount of duty of ₹ 100 and penalty of ₹ 10. The amount of duty which is being disputed is ₹ 900 plus ₹ 100 i.e ₹ 1000 and hence tax dues are ₹ 1000.
Illustration 4: The show cause notice to a declarant was for an amount of duty of ₹ 1000. The order was for an amount of duty of ₹ 1000. The declarant files an appeal against this order of determination. The first appellate authority reduced the amount of duty to ₹ 900. The declarant files a second appeal. The amount of duty which is being disputed is ₹ 900 and hence tax dues are ₹ 900;
(b) where a show cause notice under any of the indirect tax enactment has been received by the declarant on or before the 30th day of June, 2019, then, the amount of duty stated to be payable by the declarant in the said notice:
Provided that if the said notice has been issued to the declarant and other persons making them jointly and severally liable for an amount, then, the amount indicated in the said notice as jointly and severally payable shall be taken to be the amount of duty payable by the declarant;
(c) where an enquiry or investigation or audit is pending against the declarant, the amount of duty payable under any of the indirect tax enactment which has been quantified on or before the 30th day of June, 2019;
(d) where the amount has been voluntarily disclosed by the declarant, then, the total amount of duty stated in the declaration;
(e) where an amount in arrears relating to the declarant is due, the amount in arrears.
Notes on Clauses:
Clauses 119 to 134 of Chapter V of the Bill seeks to provide for Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019.
The Scheme is a one time measure for liquidation of past disputes of Central Excise and Service Tax as well as to ensure disclosure of unpaid taxes by a person eligible to make a declaration. The Scheme shall be enforced by the Central Government from a date to be notified. It provides that eligible persons shall declare the tax dues and pay the same in accordance with the provisions of the Scheme. It further provides for certain immunities including penalty, interest or any other proceedings under the Central Excise Act, 1944 or Chapter V of the Finance Act, 1944 to those persons who pay the declared tax dues.
