Service Tax : Declaration made shall be acknowledged by the Designated Authority e. Assistant Commissioner specified by the jurisdictional Commi...
Income Tax : The Central Government has given another tremendous opportunities in the recently launched its two schemes w.e.f. 01.06.2016 under...
Excise Duty : Any person whose appeal is pending before Commissioner (Appeals) can opt for this scheme except the following cases, when: (a) the...
Custom Duty, Excise Duty, Service Tax : 162. Litigation is a scourge for a tax friendly regime and creates an environment of distrust in addition to increasing the compli...
Income Tax : Presently, Section 66D(o)(i) of the Finance Act covers service of transportation of passengers, with or without accompanied belong...
Custom Duty, Excise Duty, Service Tax : CBEC takes Litigation Management and Dispute Resolution measures; Field formations file applications for withdrawal in 980 and 217...
Custom Duty, Excise Duty, Service Tax : As you are aware, in order to reduce litigation, Government has come out with an Indirect Tax Dispute Resolution Scheme, 2016 in t...
Excise Duty : The Chapter XI of the Finance Act, 2016 (28 of 2016) comprising of section 212 to 218, is in respect of The Indirect Tax Dispute R...
Excise Duty : These rules may be called the Indirect Tax Dispute Resolution Scheme Rules, 2016. They shall come into force on the 1st day of Jun...
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
As you are aware, in order to reduce litigation, Government has come out with an Indirect Tax Dispute Resolution Scheme, 2016 in this year’s Budget. The scheme provides an opportunity to an assessee whose cases are pending before Commissioner (Appeals), to pay the duty, interest and penalty equivalent to 25% of penalty imposed and file a declaration, consequent to which the proceedings would be closed and immunity from prosecution granted except in certain cases.
The Central Government has given another tremendous opportunities in the recently launched its two schemes w.e.f. 01.06.2016 under Income Tax Regime. One is The Income Declaration Scheme, 2016 & another is in respect of reducing tax litigations under the Direct Tax Dispute Resolution Scheme, 2016.
Any person whose appeal is pending before Commissioner (Appeals) can opt for this scheme except the following cases, when: (a) the impugned order is in respect of search and seizure proceeding; or (b) prosecution for any offence punishable under the Act has been instituted before the 1st day of June, 2016; or
The Chapter XI of the Finance Act, 2016 (28 of 2016) comprising of section 212 to 218, is in respect of The Indirect Tax Dispute Resolution Scheme Rules, 2016. The said scheme allows the party in appeal before the Commissioner (Appeals) on 1st March 2016, to file a declaration before the Designated Authority for the purpose of availing the benefit of the scheme.
These rules may be called the Indirect Tax Dispute Resolution Scheme Rules, 2016. They shall come into force on the 1st day of June, 2016.(1) The declaration under sub section (1) of section 214 of the Scheme shall be made in Form 1 in respect of the amount payable under the Scheme.
162. Litigation is a scourge for a tax friendly regime and creates an environment of distrust in addition to increasing the compliance cost of the tax payers and administrative cost for the Government. There are about 3 lakh tax cases pending with the 1st Appellate Authority with disputed amount being 5.5 lakh crores. In order to reduce this number, I propose a new Dispute Resolution Scheme (DRS)
Presently, Section 66D(o)(i) of the Finance Act covers service of transportation of passengers, with or without accompanied belongings, by a stage carriage, which is proposed to be deleted w.e.f June 1, 2016.Corresponding to this deletion, new Entry [No. 23(bb)] has been inserted in the Mega Exemption Notification to exempt services by a stage carrier other than air-conditioned stage carriage.
CBEC takes Litigation Management and Dispute Resolution measures; Field formations file applications for withdrawal in 980 and 2174 cases in High Courts and CESTAT respectively as per the new threshold monetary limits prescribed; Out of this, High Courts allow withdrawal in 250 cases and CESTAT in 202 cases.
Under Indirect Taxes, the scheme namely, the Indirect Tax Dispute Resolution Scheme, 2016 (the IDT DRS Scheme, 2016), introduced in the Union Budget, 2016 as the Governments positive intent to reduce litigation in Indirect Taxation, embraces an important question on its success quotient, considering its not-so-lucrative provisions.
