Excise & taxation Department has introduced Punjab Voluntary Disclosure of Value add Tax scheme, 2013 which will come into force with immediate effect i.e. from 20th Dec 2013. The scheme was introduced to bring a greater transparency in discharge of tax liabilities & applicable for a taxable persons & registered person under the PVAT act 2005 subject to the terms & conditions. For availing the scheme such persons is under an obligation to make an application in the prescribed format appended on or before the 31st day of January, 2014 and on receipt of such application the Designated Officer after examining make an assessment for the tax due against such person along with interest amount payable under sub section (3) of section 32 of the act which shall be computed from the date when it become due till the date of making the application and pass an order within period of 30 days from receipt of application after finalisation of the assessment tax demand notice will be served upon the person concerned not later than a period of 7 days from the date of passing the order. Here it is pertinent to point out that while making the assessment opportunity of hearing will be afforded to the concerned person before passing orders for such application.
APPLICATION FORM FOR AVAILING BENEFIT UNDER THE PUNJAB VOLUNTARY DISCLOSURE OF VALUE ADDED TAX SCHEME, 2013
The Designated Officer,
I, _____________________________________________________ son of ___________________________ resident of _________________________________________, Proprietor/ Partner/ Managing Director/ Karta/ Chairman or any other duly authorized person of M/S __________________________________________ Regd. No. ______________________________ hereby submit that the claim made under clause __________________________________ of this scheme as under:-
2. It is submitted that inadvertent mistakes or errors crept in submitting return for the period _______________________________________ and as per fresh calculation; it comes to Rs. ___________________ along with interest amounting to Rs.____________________ (Total tax amount + interest amount =Rs.____________________________)
3. I hereby undertake to pay this re-assessed due tax or the tax duly assessed by the Designated Officer or the Deputy Excise and Taxation Commissioner of the concerned division, as the case may be, under this scheme.
A person aggrieved by an order shall file an appeal before the Deputy Excise & Taxation Commissioner of the concerned division and the order of Deputy Excise & Taxation Commissioner shall be final & binding on the person concerned. Strange rather shocking Deputy Excise & Taxation Commissioner is the final authority & person cannot avail a chance before the tribunal why so reasons best known to the department.
The person who has made an application is under an obligation to deposit 25% from the date of service of tax demand notice & remaining 75% amount of tax demand so assessed within period of 60 days from the expiry of period of 30 days. Beside this if in any case such person does not deposit the aforesaid amount within stipulated period he accordingly inform the Designated officer who shall permit him to deposit in 3 equal quarterly instalments by passing a speaking order subject to additional interest at the rate of 1% per month on such balanced amount on reducing balance basis from the date the said amount was payable & if the person fails to pay the full amount as assessed by the Designated officer or The Deputy Excise & Taxation Commissioner, as the case may be shall be proceeded against under the relevant provision of the act.
This scheme is applicable subject to terms & conditions which are as under:-
Scheme was introduced but in fact remedy against the order passed is limited as the first appellate authority shall be the final authority whose working is under the superintendence & control of commissioner moreover this power lies with DETC (Administration) which reflects executive & judiciary in one hands. That law and justice are like a living being and his shadow if one goes, the other too disappears. Thus law is the most essential pre-requisite for dispensing justice. True, where law ends, tyranny begins. So the scheme should be friendly and must be in consonance with the principle of natural justice.
J S BEDI Advocate
Email ID: firstname.lastname@example.org
Contact Number: 98140-66336