DELHI TAX COMPLIANCE ACHIEVEMENT SCHEME, 2013 HIGHLIGHTS Abbreviations used: (i) DSC (or) Scheme : Delhi Tax Compliance Achievement Scheme/Voluntary VAT Amnesty Scheme(VVAS) (ii) DVAT Act : Delhi Value Added Tax Act, 2004 (iii) CST Act : Central Sales Tax Act, 1956 (iv) DST Act: Delhi Sales Tax Act, 1975 (v) WCT Act : Delhi Sales Tax on Works Contract Act, 1999 (vi) RTU Act: Delhi Sales Tax on Right to Use Goods Act, 2002 (vii) ET Act : Delhi Tax on Entry of Motor Vehicles into Local areas Act, 1994 (viii) VATO : Value Added Tax Officer and Sales Tax Officer Notes - In this Paper -: 1. In this Paper, “Notice of Assessment/Penalty” under the DVAT Act has been considered and titled as “Assessment Order”; and Objection as “Appeal”. 2. In this paper, the term “declared tax” means amount disclosed/surrendered and amount settled (where assessment order has been issued) under this Scheme. The term “declarant” means the person, who has declared tax. OBJECTIVE AND SCOPE OF THE SCHEME A. Improve Self-Compliances: Where assessment order has NOT been issued, the declarant (including trader, manufac-turer, contractor, builder, leasing company, etc.) shall pay only declared tax (for the period up to 31.03.2013); and get immunity from interest, penalty and prosecution. Circumstances, such as,- (i) Dealer failed to obtain registration and pay tax; (ii) Rate of tax has been wrongly charged by the selling dealer; (iii) Sale has not been disclosed/under-disclosed in the DVAT / CST Act (iv) Input tax credit (ITC) has wrongly been claimed by the purchasing dealer; (v) Credit Note/Debit Note, including bulk discounts, have not been accounted for. (vi) Central sale has been stated as local sale or vice a versa, resulting in tax deficiency; (vii) In case of central sales against Form C or other declaration forms, the declarant is not expecting central declaration forms from purchasing dealers; (viii) Matter is pending in assessment, audit or special audit and the assessment order has not been framed by VATO; 2 (ix) Goods, paper and other accounts are seized by enforcement team, in inspection, survey, search or seizure, for period upto 31.03.2013, where the declarant expects some tax deficiency; (x) TDS has not been deducted u/s 36A of the DVAT Act; B. Disputes Settlement Where the assessment order has been issued by the Department, the declarant shall pay tax and interest as stated in such order/notice. The order must pertain to a period before and up to 31.3.2013, and tax has not been paid up to 31.8.2013. The assessment order might be issued under the DVAT Act, CST Act, DST Act, WC Act, RTU Act, or ET Act. The dispute may or may not be pending before any higher forum including the DVAT Tribunal or the High Court or the Supreme Court. In case, an assessment order appealed against, has been decided partly in favour of the appellant, the declarant is eligible for availing the scheme for the balance disputed demand. The declarant is eligible even if no appeal has been filed against that order so far. The declarant will get immunity from payment of interest from the date of order till the date of declaration, penalty and prosecution under the Act.
Posted on: Thu, 03 Oct 2013 17:28:07 +0000
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