Query on Indirect Tax Dispute Resolution Scheme, 2016

[Sumeet Tholle]

Dear Sir,

Good Afternoon.

The Dispute Resolution Scheme,2016 applicable if dispute pending before Commissioner(Appeals) as on ist March 2016.

In my case, our client received OIO on 25th Jan. 2016 & we have not filed appeal till date.

Now my client wish to pay all tax, interest & 25% penalty wants to close the issue.

Is my client eligible for scheme if we file appeal now i.e. before end of 60 days ?

What is the status of my issue on 14th March 2016 ?

Can I say that my issue is pending with Commissioner (Appeals) on 01.03.2016 as it is not pending with Adjudicating Authority ?

Pl. reply.

Thanks.

Sumeet C. Tholle,

CA,

Aurangabad

AI Summary

Eligibility for Indirect Tax Dispute Resolution Scheme requires matters pending before Commissioner(Appeals) per records; late appeals risk losing reduced penalty.
Eligibility for the Indirect Tax Dispute Resolution Scheme, 2016 depends on the case being recorded as pending with the Office of the Commissioner (Appeals) as on 1.3.2016; matters not so recorded are ineligible. Independently, a dispute can be closed by payment of disputed tax with interest and the prescribed penalty, and failure to file an appeal or deposit amounts before the relevant cutoff will forfeit the opportunity for reduced penalty under the proposed scheme.