GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) Dated: 20th December, 2013 Whereas with a...
GOVERNMENT OF PUNJAB
DEPARTMENT OF EXCISE AND TAXATION
(EXCISE AND TAXATION-II BRANCH)
Dated: 20th December, 2013
Whereas with a view to bring in greater transparency in the discharge of tax liabilities by a taxable person under the Punjab Value Added Tax Act, 2005 (Punjab Act No.8 of 2005), it is considered necessary so to do, now, therefore, in exercise of the powers conferred by section 29-A of the aforesaid Act and all other powers enabling him in this behalf, the Governor of Punjab is pleased to notify the scheme for settlement of unpaid tax, namely:-
1. Short title and commencement.- (1) This scheme may be called the Punjab Voluntary Disclosure of Value Added Tax Scheme, 2013.
(2) It shall come into force with immediate effect.
2. Eligibility to avail benefit under the Scheme. - A person, who is desirous of getting benefit under this scheme, shall either be a taxable person or a registered person under the Act. Such person shall be entitled to avail benefit under this scheme, for settlement of un-paid tax in case of any discrepancy in the discharge of their tax liabilities under the Act.
3. Manner of availing benefit under this scheme. - Such persons shall make an application in the following format, appended to this scheme, on or before the 31st day of January, 2014, namely:-
APPLICATION FORM FOR AVAILING BENEFIT UNDER THE PUNJAB VOLUNTARY DISCLOSURE OF VALUE ADDED TAX SCHEME, 2013
The Designated Officer,
_____________________________, Proprietor/Partner/Managing Director/Karta/Chairman or any other duly authorised 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. _______________ alongwith 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.
Dated _____________ Name: _____________________
TIN No. ____________________
4. Terms and conditions for voluntary disclosure.- A person claiming benefit under this scheme, shall get the benefit subject to the following terms and conditions, -
(i) that he has claimed the input tax credit but such tax has not actually been deposited by him in the State Treasury;
(ii) that he has claimed the concessional rate of tax under the Act on account of branch transfer or under the Inter-State trade but the goods have actually not been sent by him outside the State or has submitted statutory forms for the aforesaid purpose, but the same were not submitted properly by him before the designated officer;
(iii) That the person has made zero rated sales on account of exports but such exports either did not took place or were over-invoiced;
(iv) that the person has not calculated the tax liability in a correct manner for the aforesaid item and has resultantly paid lesser tax in the State Treasury, in such an event, he shall inform the designated officer as to by which means calculations had been done by him while calculating and depositing the tax. While making such application, such person shall undertake that he would pay a simple interest at the rate of one and a half percent on the balance amount from the date it becomes due till the date of making of application under this scheme;
(v) that the persons to whom a notice under sections 28 or sub-sections (1), (2) or (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;
(vi) that the persons whose business premises have been inspected by the designated officer as per the provisions of section 46 of the Act or a notice for the production of 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
(vii) 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.
5. Procedure for disposal of application under this scheme.- (1) On receipt of any application from a person under this scheme, the designated officer shall examine such application and make an assessment for the tax due against such person. The said officer shall also calculate the interest amount payable under sub-section (3) of section 32 of the Act which shall be calculated from the date when it becomes due till the date of making application under this scheme and pass an order accordingly within a period of thirty days from the receipt of such application. After finalization of the assessment as above, such officer shall serve the tax demand notice upon the person concerned not later than a period of seven days from the date of passing the order.
(2) The designated officer while making assessment on such application shall give reasonable opportunity of being heard to the person concerned before any order is passed on such application.
(3) An appeal against any order passed by a designated officer shall lie before the Deputy Excise and Taxation Commissioner of the concerned division.
(4) The Deputy Excise and Taxation Commissioner of the concerned division shall afford a reasonable opportunity of being heard to the person concerned. The order passed by the Deputy Excise and Taxation Commissioner shall be final and binding on the person concerned.
6. Payment of tax demand assessed under this Scheme.- (1) The person who has made an application under this Scheme shall deposit twenty-five percent of the tax demand as per assessment made by the designated officer alongwith due interest within a period thirty days from the date of service of tax demand notice.
(2) Such person shall deposit the remaining seventy-five percent amount of tax demand so assessed within a period of sixty days from the expiry of a period of thirty days. In case, such person do not deposit the aforesaid amount within the stipulated period, he shall accordingly inform the designated officer, who shall permit him to deposit that amount in three equal quarterly installments by passing a speaking order in this behalf, subject to the conditions that such person shall be liable to pay additional interest at the rate of one percent per month on such balanced amount on reducing balance basis from the date the said amount was payable.
(3) In case, the person fails to pay full amount as assessed by the designated officer or the Deputy Excise and Taxation Commissioner, as the case may be, shall be proceeded against under the relevant provisions of the Act.
Financial Commissioner Taxation and
Secretary to Government of Punjab,
Department of Excise and Taxation.