GOVERNMENT OF PUNJAB

DEPARTMENT OF EXCISE AND TAXATION, PUNJAB

(EXCISE AND TAXATION -II BRANCH)

Date: 18.01.2021

NOTIFICATION

No. S.O. 11/P.A.8/2005/S.29-A/C.A.74/1956/S.9/2021.- Whereas, the State Government is satisfied that it is necessary so to do in public interest, for greater transparency, in order to ensure compliance, notify scheme for settlement of unpaid tax in case of any transparency in the discharge of tax liabilities;

Now, therefore, in exercise of the powers conferred by section 29-A of the Punjab Value Added Tax Act, 2005 (Punjab Act No. 8 of 2005) read with sub-section (2) of section 9 of the Central Sales Tax Act, 1956 (Central Act No. 74 of 1956), and all other powers enabling him in this behalf, the Governor of Punjab, is pleased to notify the following Scheme for Recovery of Outstanding Dues, namely:-

SCHEME

1. Short title, extent and commencement.-

(1) This scheme may be called the Punjab One Time Settlement of Outstanding Dues, 2021.

(2) It extends to the whole of the State of Punjab.

(3) It shall come into force on and with effect from the 15th January, 2021.

(4) For assessments completed till 31st December, 2020, under the relevant Act, no application for settlement of dues under the said Scheme shall be entertained after 30th April, 2021.

2. Definitions.-

(1) In this Scheme, unless the context otherwise requires, –

(a) “Act” means the Punjab Value Added Tax Act, 2005 or the Central Sales Tax Act, 1956;

(b) “applicant” means a person who is liable to pay outstanding dues under the relevant Acts and has opted for the settlement Scheme;

(c) “determined amount” means net tax payable as a result of settlement by the applicant under this Scheme;

(d) “order of settlement” means an order issued under this Scheme for settlement of outstanding dues under the relevant Act; and

(e) “Scheme” means the Punjab One Time Settlement Scheme for Recovery of Outstanding Dues, 2020.

(2) The words and expressions used in this Scheme but not defined under this Scheme shall have the same meaning as assigned to them under the Punjab Value Added Tax Act, 2005 or the Central Sales Tax Act, 1956, as the case may be.

3. Settlement of outstanding dues.-

(1) Any person whose assessment has been made under the relevant Act shall be eligible to apply and avail the benefits under this Scheme, subject to the terms and conditions specified in the Scheme.

(2) The applicant shall be required to make an application in Form OTS -1 alongwith the additional original statutory Forms, if any, to the Excise and Taxation Officer concerned.

(3) The application shall be accompanied with the proof of payment of 100% of the determined tax under the relevant Act.

(4) On receipt of application, an acknowledgement in Form OTS-2 shall be issued by the Office of the Assistant Excise and Taxation Commissioner concerned.

(5) On examination of the application, if the concerned Excise and Taxation Officer is satisfied with the self-assessed determined tax along with proof of payment thereof and other particulars required to be mentioned in the application, an order of settlement under the relevant Act in Form OTS – 4 shall be passed by such Officer.

(6) If there is any deficiency, the concerned Excise and Taxation Officer shall serve a deficiency notice in Form OTS-3 on the applicant with the directions to complete the deficiencies within seven days from the date of service of notice. If the applicant fails to comply with the directions given in the notice, his application shall be rejected.

4. Terms and conditions.-

(1) Any person whose case is pending before any of the Appellate Authorities i.e. the Deputy Excise and Taxation Commissioner (Appeals) or Tribunal or High Court or Supreme Court, shall be eligible to apply and avail benefits under this Scheme, provided that the applicant shall submit declaration that once the dues are settled under the Scheme, the applicant shall withdraw such a case within a period of seven days from the date of communication of order of settlement and shall submit the proof thereof to the notified authority-cum-Excise and Taxation Officer.

(2) In case dealer has deposited twenty-five percent of additional demand as pre-requisite under sub­section (5) of section 62 of the Punjab VAT Act, 2005 for the entertainment of appeal, waiver shall be twent-five percent of additional demand or sum total of waiver as specified in the Table given below the Form OTS-1, whichever is higher. No refund shall be given in respect of twenty-five percent of additional demand already deposited by the dealer.

(3) In case of failure of the applicant to comply with the provisions of sub-clause (1), the order of settlement shall stand cancelled.

(4) Form OTS-1 shall be filed separately for each assessment year and accordingly, order of settlement shall be issued under the relevant Act.

(5) An order of settlement passed under the relevant Act shall not be re opened in any proceeding by way of review or revision or any other proceeding under the relevant Act.

(6) Any determined amount paid by the applicant under the Scheme shall not be refundable.

(7) No appeal against the settlement order shall lie before any of the Appellate Authorities i.e. Deputy Excise and Taxation Commissioner (Appeals) or Tribunal or High Court or Supreme Court.

(8) If any tax shown as paid in the assessment order is later found to be actually unpaid, then the same shall be recoverable along with applicable interest and penalty, if any, under the relevant provisions of the Act, notwithstanding the settlement order.

5. Power to remove difficulties.-

If any difficulty arises in giving effect to any provisions of this Scheme, the Commissioner, by a general or a special order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this scheme, as may be necessary or expedient for the purpose of removing the said difficulty:

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