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Increase in limitation period for issuing SCN – Is this “Ease of doing business”

Budget - By: - Bimal jain - Dated:- 14-3-2016 - Dear Professional Colleague, Increase in limitation period for issuing SCN - Is this Ease of doing business Amongst the flurry of changes brought in by the Union Budget 2016 seeking to reform the Country s taxation system and thereby improve ease of doing business, changes made in respect of extension of period within, which the Department can issue a Show Cause Notice ( SCN ) in non-fraud cases, seems detrimental towards ease of doing business. Be .....

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ment of duty/tax) viz-a-viz proposed time period: Limitation period at present Proposed time period Particulars Relevant provision Time period Under Service Tax Section 73 of the Finance Act, 1994 ( the Finance Act ) 18 months (w.e.f May 28, 2012, earlier it was 12 months) 30 months Under Central Excise Section 11A of the Central Excise Act, 1944 ( the Excise Act ) One Year Two Years Under Customs Section 28 of the Customs Act, 1962 ( the Customs Act ) One Year Two Years The Finance Bill, 2016 h .....

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o be 5 years, which has not been changed. Era of automation & increased number of Commissionerates - No requirement of extended time period for issuing SCN In this era of automation and technology, when there is compulsory e-filing of returns, extension of time period for issuing SCN does not seem to be prudent. With the e-filing of Returns, the Department can immediately scrutinize the same and seek clarification from tax payers wherever required. Further, recently, there has been revamp in .....

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nance Bill, 2016, fixed strict time limits for adjudication of cases. Ironically, the Government had rather extended time period for the Department for their inefficiency towards ease of doing of business. Time limit restraining an assessee to avail eligible Cenvat credit on Inputs/Input services should be extended rather than extension of the time period for issuance of SCN - Non fraud cases It would not be out of place to mention here that effective from September 1, 2014, the liberty in respe .....

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