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AMNESTY SCHEME FOR NON FILERS AND STOP FILERS

Surender Gupta

Finance Bill, 2013 propose to introduce AMNESTY SCHEME FOR NON FILERS AND STOP FILERS in respect of service tax. What is the scope and details of this scheme.

Amnesty scheme for service tax: waiver of interest and penalty and immunity upon payment of outstanding tax for specified period. A one time amnesty in the Finance Bill, 2013 allows stop filers, non filers, non registrants and service providers who omitted true service tax liability for October 2007-December 2012 to pay outstanding tax dues in exchange for waiver of interest and penalty and immunity from prosecution; the scheme operates from Presidential assent and declarations are permitted only up to 31 December 2013. Clause 96 divides procedures into cases not requiring and requiring satisfaction of the designated Assistant Commissioner. (AI Summary)
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Surender Gupta on Mar 1, 2013

In the Budget documents related to Finance Bill, 2013 it is stated that:

To encourage voluntary compliance and broaden the tax base, it is proposed to provide one time amnesty by way of (i) waiver of interest and penalty; and (ii) immunity from prosecution, to the stop filers, non-filers or non-registrants or service providers (who have not disclosed true liability in the returns filed by them during the period from October 2007 to December 2012) who pay the "tax dues". Details of the scheme are available in Chapter VI of the Finance Bill, 2013. The scheme will be operational from the date on which the Finance Bill, 2013 receives the assent of the President.

Mahir S on Mar 1, 2013

Yes, but the assessee can file (avail) the declaration under this scheme only upto 31st December 2013.

YAGAY andSUN on Mar 2, 2013

Welcome back 'Naveed' on this portal!

After a very very long time, your comments are live on this website!

Where were you?

Surender Gupta on Mar 2, 2013

Chapter VI of the Finance Bill, 2013 covers the provisions relating to Amnesty Scheme.

A careful analysis of provisions of Clause 96 reveals that Amnesty Scheme is divided in two parts, i.e.

(1) Situation where satisfaction of Assistant Commissioner (Designated Authority) is not required. and

(2) Situation where satisfaction of Assistant commissioner (Designated Authority) is required.

Mahir S on Mar 2, 2013

The purpose of the amnesty scheme appears to be to increase the number of service tax assessess and to regularise them for filing returns and for making service tax payment in future.

Sir, thanks a lot for the Love and Remembrance...) 

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