VCS Scheme

[Kalpessh Daftary]

What is the procedure for the VCS scheme and our cenvet credit can set off in this scheme  

[manju nath]

Dear Kaplessh Daftary

VCS SHCEHME PROCEDURE IS GIVEN BELOW:  CENVAT CREDIT CAN NOT SET OFF IN THIS SCHEME.

 

 

Service Tax Voluntary Compliance Encouragement Scheme, 2013 provides the service tax defaulters  with a golden opportunity to pay all  ‘tax dues’ from the period 01.10.2007 to 31.12.2012 without interest, penalty and other legal proceedings including prosecution.  For which such Assessees can Apply on or before 31.12.2013 in the prescribed format.

Procedure for availing the VCES scheme

Step 1

If the declarant  is not registered, then he is first required to get himself registered and then apply for this scheme.

Step 2

After registration, the declarant shall make a declaration in Form VCES-1 to the designated authority (AC/DC Technical, Head quarter office) on or before 31.12.2013.

Step 3

On receipt of Form VCES- 1, the designated authority will issue acknowledgement of declaration in Form VCES-2 within 7 working days from the date of receipt of declaration.

Step 4

The declarant is required to pay not less than 50 percent of tax dues by 31st December 2013. Balance by 30th June 2014 and if not paid, can be paid by 31st December, 2014 alongwith interest from 1st July 2014.

Cenvat credit cannot be utilized for payment of dues (Rule 6(2)).

Amount paid shall not be refundable.

Step 5

On full payment of taxes, the designated authority will issue acknowledgement of discharge in VCES-3 within 7 working days from the date of furnishing of details of tax dues paid in full, along with interest if any. Last date for payment of first installment of 50 percent of total tax dues is 31.12.2013 and balance amount by 30.06.2014 or 31.12.2014 (with interest).

Persons not eligible for the scheme

I.     Person cannot make declaration of tax dues for which

a) SCN (u/s 73 or 73A)

b) Order (u/s 72, 73, 73A)

has been issued on or before 01-03-2013. [section106(1)]

II.    A person who has filed return, declared tax liability but not paid [106(1) proviso]

If a SCN or order has been issued on any issue (say taxability or valuation), declaration can not be filed on same issue for subsequent period [106 (1) proviso]

A. Where any inquiry or investigation has been initiated and is pending as on 01.03.2013 by way of

a)     Search u/s 82 of FA 1994

b)    Issue of summons u/s 14 of CEA 1944

c)     Issue of notice requiring production of accounts or documents u/s 72 (for best judgment assessment) or under Rule 5A of STR  1994 [Section 106(2)]

B. Where audit has been initiated.

However, letters requiring production of documents, not mentioning sections 14 (CEA), 72(FA) and Rule 5A(STR), would not be treated as covered under section 106(2). [ TRU Circular dated 13.05.2013]

AI Summary

Voluntary Compliance Encouragement Scheme allows declared service tax dues to be settled under prescribed instalments without using cenvat credit. Voluntary Compliance Encouragement Scheme 2013 allows declaration and discharge of service tax dues for 01.10.2007-31.12.2012 by filing Form VCES 1, obtaining acknowledgement in Form VCES 2, paying prescribed instalments (first instalment of not less than fifty percent by the initial deadline, balance by the later deadline or extended date with interest), and receiving discharge acknowledgement in Form VCES 3. Amounts paid are not refundable and cenvat credit cannot be utilized to set off payments under the scheme. Persons with prior show cause notices or orders on the same issue, or with specified pending inquiries, investigations, searches, summonses, production notices or audits initiated before the cut off, are ineligible.