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THE INDIRECT TAX DISPUTE RESOLUTION SCHEME 2016

Budget - By: - Mr. M. GOVINDARAJAN - Dated:- 16-3-2016 Last Replied Date:- 18-3-2016 - Chapter XI of Finance Bill, 2016 ( Bill for short) deals with the Indirect Tax Dispute Resolution, Scheme, 2016 which shall come into force with effect from 01.06.2016. This scheme is applicable to the declarations made up to 31.12.2016. The indirect tax dispute is defined under clause 210 (g) as a dispute in respect of any of the provisions of the Act which is pending before the Commissioner (Appeals) as an a .....

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hable under the Act has been instituted before 01.06.2016; or The impugned order is in respect of narcotic drugs or other prohibited goods; or The impugned order is in respect of offences punishable under the Indian Penal Code, the Narcotic and Psychotropic Substances Act, 1985 or the Prevention of Corruption Act; or Any detention order has been passed under the Conservation of Foreign Exchange and Prevention and smuggling Act, 1974. Declaration Clause 211 provides for the procedure for making d .....

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nterest at the specified rate and penalty equivalent to 25% of the penalty imposed in the impugned order within 15 days of the receipt of the acknowledgement. The payment details should be intimated within seven days to the designated authority along with the proof for making payment. On receipt of the payment details with proof from the declarant, the designated authority shall pass an order of discharge of dues within 15 days from the date of receipt of such proof. Immunity Clause 213 of the B .....

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es that a declaration made by the declarant shall become conclusive upon the issuance of an order and no matter relating to the impugned order shall be reopened thereafter in any proceedings under the Act before any authority or court. Consequences Clause 214 of the Bill provides that any amount paid in pursuance of the declaration shall not be refunded to the declarant. Any order passed by the designated authority shall not be deemed to be an order on merits and has no binding effect. The expla .....

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owing matters- The form and the manner in which a declaration may be made under Clause 211(1); The form and the manner of acknowledging the declaration under Clause 211(2); The form and manner of issuing an order of discharge under Clause 211 (4); Any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. Clause 215 (3) provides that every rule made under this scheme shall be laid, as soon as may be after it is made, before each House of Par .....

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ation or annulment shall be without prejudice to the validity of anything previously done under this rule. - Reply By vasudevan unnikrishnan - The Reply = Well analysed article. However, it will be worth that we compare the salient features of the scheme proposed by CBDT and CBEC. (i) DRS for Indirect taxes managed by the CBEC has closed end till Dec, 2016.whereas the CBDT scheme is open ended from 1/6/2016 (ii) The salient features of CBEC are that the scheme comes into force on 1 st day of Jun .....

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thin seven days of making such payment. On payment of tax, interest and penalty, the designated authority shall within fifteen days of the receipt of such proof, pass an order of discharge of dues. From the above, it will be evident that the CBEC has drafted the scheme in an indifferent manner, not to make it attractive as much as possible. The Designated authority is proposed to be an officer not below the rank of Assistant Commissioner[authorized by the Commissioner for this purpose] as agains .....

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