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Service Tax Voluntary Compliance Scheme

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..... Service Tax Voluntary Compliance Scheme
By: - CARahul Jain
Service Tax
Dated:- 21-5-2013

The Finance Act, 2013 has provided amnesty scheme namely Service Tax Voluntary Compliance Encouragement Rules, 2013 for following persons: * Stop filers * Non Filers * Non Registrants * Service providers who have not disclosed there full liability in the return filed by them. T .....

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..... he period covered under this rule is from Oct'2007 to Dec' 2012 Who is not eligible to make declaration under these rules: * Person against whom order or notice under section 72/73/73A has been issued before 01-03-2013 or person against whom an inquiry or investigation has been initiated and such inquiry or investigation is pending on 01-03-2013. * Person who has already furnished return .....

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..... and disclosed the amount of service tax payable, but has not paid the service tax. The declaration shall not be made for that period. Procedures to comply with VCES: * Registration is mandatory. If a person is not registered under Service Tax, he must first apply for registration and thereafter he can make declaration under this scheme. * Declaration in Form VCES-1 before 31-12-2013. * .....

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..... Acknowledgement of declaration in Form VCES-2 by the department within 7 days of filing the declaration. * Tax payable without interest and penalty should be paid but Cenvat credit shall not be utilized for payment of tax dues. * Minimum 50% of dues to be paid before 31-12-2013, and balance before 30-06-2014. * If the declared tax is not paid before 30-06-2014, interest is charged o .....

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..... n the balance amount. In any case, whole of the amount is to be paid before 31-12-2014 * Acknowledgement of discharge shall be issued in Form VCES-3 by the department within 7 days from the date of furnishing of details of payment of tax dues in full along with the interest, if any. Other Important Points: * Any amount paid under this scheme is not refundable under any circumstances * .....

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..... On issue of acknowledgement of discharge, no matter shall be reopened thereafter in any proceedings before any authority or court relating to period covered by such declaration. * However, if CCE has reasons to believe that the declaration made by a declarant is substantially false, he may reopen the case. But no action can be taken after expiry of 1 year from the date of declaration. CA Ra .....

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..... hul Jain [email protected] Reply By saurabh rairikar as = Thank you Sir, for a brief flash on the STVCES. I however, have a query which I request you to clarify. Though payment under this scheme cannot be done through utilization of CENVAT Credit; Can the credit of amounts paid by service provider under this scheme be availed (by the service receiver) on the basis of debit note raised by the .....

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..... service provider subsequent to the payments under this scheme but pursuant to the agreement. I request you to bestow your valuable views in the matter. Dated: 26-5-2013
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