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:-
SCHEME
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
To
The Designated Officer,
___________________
___________________
Sir,
________________________resident of
_____________________________,
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.
(Signature)
Dated _____________ Name: _____________________
M/S ______________________
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
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.
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.
D.P. REDDY,
Financial Commissioner Taxation and
Secretary to Government of Punjab,
Department of Excise and Taxation.
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