This document summarizes India's Indirect Tax Dispute Resolution Scheme 2016. The summary is:
1) The scheme allows taxpayers to settle indirect tax disputes pending before Commissioner appeals as of March 1, 2016 by paying the disputed tax, interest and 25% of penalties.
2) Taxpayers must apply to a designated authority between June 1-December 31, 2016 and make payment within 15 days of acknowledgement.
3) Upon payment, all proceedings related to the dispute will be disposed of and the taxpayer will receive immunity from further proceedings. The order will not be considered merits-based and will have no binding effect.
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Indirect tax Dispute Resolution Scheme
1. Indirect tax Dispute Resolution
Scheme, 2016
Organised by
Borivali Central CPE Study Circle
of WIRC of ICAI
Presented by
Ca. Jayesh Gogri
3. Who is eligible for the Scheme?
Disputes pending before Commissioner -Appeals
as on 1st March, 2016
Appeal filed by the assessee 85
Order passed by an officer < Commissioner
Appeal by the Department 84
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4. Who is not eligible for the scheme
the impugned order is in respect of search and seizure
proceeding; or
prosecution for any offence punishable under the Act has
been instituted before the 1st day of June, 2016; or
the impugned order is in respect of narcotic drugs or other
prohibited goods; or
impugned order is in respect of any offence punishable under
the Indian Penal Code, the Narcotic Drugs and Psychotropic
Substances Act, 1985 or the Prevention of Corruption Act,
1988; or
any detention order has been passed under the Conservation
of Foreign Exchange and Prevention of Smuggling Act, 1974.
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5. When?
After 1st June, 2016
Before 31st December, 2016
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6. Procedure
Application to the designated authority
AC and above authorised for the scheme
Payment of:
Tax due
Interest
25% of the penalty imposed
Within 15 days of receipt of the acknowledgement
Intimation with proof of payment
Order
Within 15 days from the day of the receipt of intimation
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7. Immunity from other proceedings
Appeal shall stand disposed off
Immunity from all proceedings under the Act, in respect of
the indirect tax dispute for which the declaration has been
made under this Scheme
Declaration shall become conclusive on issuance of order
No matter shall be reopened
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8. Consequences of order made under Scheme
Amount paid under the Scheme shall not be refunded
Order shall not be considered as an Order on merits and has
no binding effect
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9. Important aspects
No refund possible
Can not be considered as an order passed on merits
No binding effect
Practical relevance
76(2)
77
78 (3)
Possibility of enhancement
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10. Ca. Jayesh Gogri
Director
2/22 Nityanand Nagar, Sahar Road, Andheri (East),
Mumbai-400 069.
6-A, Ranjit Studio Compound, DSP Road, Dadar (East),
Mumbai-400 014.
+91 22 2684 0208
+91 9821 012 151
+91 9870 712 151
jayeshgogri@gscintime.com
Jayesh.gogri2@gmail.com
Right advice at right time
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