Indirect Tax Dispute Resolution Scheme, 2016
Scope of the Scheme
- Any person whose appeal in any matter was pending before the Commissioner (Appeal) on 1st March 2016 can make declaration under this
- There is no restriction on the number of declarations a person can make. In respect of every appeal pending before Commissioner (Appeal) as on 1st March 2016 declaration can be made i.e. if a person his having ten appeals pending before the Commissioner (Appeals) either in the same jurisdiction or in different jurisdictions then he can make 10 declarations or as many cases declarations as he wishes to make. (There are certain category of cases which are excluded from this scheme, such as preventive, anti smuggling and anti evasion cases)
- Declaration made shall be acknowledged by the Designated Authority e. Assistant Commissioner specified by the jurisdictional Commissioner and the declarant shall be asked to pay the amounts due from him i.e. duty demanded + interest + 25% of the penalty imposed. _
- Once the payment is made and intimated to the designated authority, the designated authority will issue an order settling the case and granting immunity to the declarant from all proceeding pertaing to that case that can be initiated under the indirect tax Acts (Indirect Tax Acts mean Customs Act, 1962, Central Excise Act, 1944 and Chapter V of Finance Act, 1994).
- The Appeals settled under these..provisions shall not create a binding
Note: For details, the aforesaid provisions of the Finance Act, 2016 & Notification No 29/2016- CE(NT) dated 31st May, 2016 may be referred to.