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 PUJAB VOLUNTARY DISCLOSURE OF VALUE ADDED
TAX SCHEME, 2013
To
The Designated Officer,
___________________
___________________
Sir,
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.
(Signature)
Name:
________________
Dated________________ M/S___________________
TIN ___________________
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:-
a. That
he has claimed the input tax credit but such tax has not actually been
deposited by him in the state treasury;
b. That
he has claimed the concessional rate of tax under the act on account of branch
transfer or under the interstate trade but the goods have actually not been
sent by him outside the state or has submitted statutory for the aforesaid
purpose , but the same were not submitted properly by him before the Designated
officer;
c.
That the person has made zero rated
sales on account of exports but such exports either did not took place or were
over invoiced;
d. That
the person has not calculated the tax
liability bin a correct manner for the aforesaid item and has resultantly paid
lesser tax in the state treasury , in such an event , he shall perform the
designated officer as to by which means calculations had been done by him while computing & depositing the tax,
while making such application, such person shall undertake that he would pay a
simple interest at the rate of one & half percent on the balance amount
from the date it becomes due till the date of making of application under this
scheme;
e.
That the persons to whom a notice under
section 28 or sub section (1), (2), (4) of section 29 of the act, has been
issued before the date of filing an application under this scheme, shall not be
eligible for getting any benefit under this scheme.
f.
That the persons whose business premises
have been inspected by for the designated officer as per the provision of
section 46 of the act or a notice for the production of the account or a notice
for making investigation, has been issued before the date of filing an
application shall not be eligible for getting any benefit under this scheme and
g. That
the persons. Who come forward for getting any benefit under this scheme, shall
brings into the notice of the designated officer any inadvertent mistake or
error took place in payment of due tax and he shall not be proceeded against
for such voluntary disclosure.
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.
