CA Manish Garg
Rajasthan government has introduced an amnesty scheme related to the outstanding demand of Entry Tax vide Notification No. F.12(17)FD-Tax-2015-240 Dated-18.03.2015, where the dealer/ person can save the interest and penalty on the taxes imposed by the government.
The scheme shall apply to the dealer/person who is having the outstanding demand upto rupees five crores and the demand has been created on or before 31st December 2014.
Similar like sellers give some benefits as a scheme to attract the customers, the department has given the below mentioned benefits to the dealers/person to attract towards this net:
1. If the penalty under section 12 or section 15 or section 31 has been imposed then the dealer can have the benefit as 85% of the penalty and 100% of the interest portion levied by the department by depositing rest of the amount with the department and further if the matter is pending before any appellate authority then he needs to withdraw the case and submit the proof of the same accordingly.
2. If the matter is not covered under the point 1 above then the dealer can have the benefit as 100% of the interest and 100% of penalty potion levied by the department by depositing whole amount of tax with the department and further if the matter is pending before any appellate authority then he needs to withdraw the case and submit the proof of the same accordingly.
Applicability of Scheme
The scheme is applicable for the dealers whose demand has been created on or before 31st December 2014 and is upto Rs. 5 Crores.
Subject to the condition mentioned above if the dealer has been permitted to pay demand in installments then scheme is applicable when all the installments, which have become due at the time of filing of the application under the scheme, have been deposited by the dealer/ person.
Procedure for Availing benefit
1. To avail the benefit under the scheme, the applicant shall submit an application in Form AS-01 to the assessing authority, along with the details of deposit of tax and /or penalty and/or interest, as the case may be, and proof of withdrawal of case from the concerned Appellate Authority, if any upto 31.03.2015.
2. The assessing authority shall on receipt of the application, verify the facts mentioned in the application and on being satisfied, shall complete the Form AS-02.
3. The Assessing Authority shall also reduce the outstanding demand of penalty and /or interest, as the case may be from Demand and Collection Register.
4. The assessing authority shall forward the copy of form AS-02 to the concerned Deputy Commissioner (Administration) and he shall also forward the copy of form AS-02 to the commissioner, in the cases where the amount is above Rs. Five lacs.