Party would be eligible for amnesty scheme as statutory order includes appeal order
2) appealable order has to be passed before 15 th July 2019
Sirs, I am reproducing the provisions of Circular of Amnesty Scheme :2019 FOR MVAT (i) The applicant may avail the benefits towards any tax, interest, penalty or the late fee payable as per any statutory order which pertains to the period ending on or before the 30th June 2017; (ii) The statutory order includes the assessment order, rectification order, appeal order, order passed by the Tribunal or the Court, or review order or revision order or the Reference pending with the Tribunal or the Court, in case such Reference involves a quantifiable arrears of tax, interest, penalty or late fee. The statutory order has been defined under section 2(1)(o) of the Ordinance. (iii)The applicant may settle the demand raised as per any statutory orders that are passed on or after the 1st April 2019 but on or before the 15th July 2019. In other words, the statutory orders that are passed after the 15th July 2019 the benefits under the Ordinance shall NOT be available. Therefore, the tax payer should bear this in mind. 7) “Statutory order” [section 2(1)(o)]: Any order passed under the Relevant Act raising the demand of tax, interest, penalty or late fee payable by the applicant. THOUGH THE CIRCULAR IS CLEAR However to be more clear and confident I want to ask following question :- (1) The Assessing Officer has passed Order and raised demand of Rs. Say 1000/- tax (2) Party filed Appeal against that Order (3) The Next fixed for final Order is [deleted] (4) Suppose Appealing Authority partly allows Appeal and pass Order and reduce demand from Rs.1000/- to Rs.500/- and raises demand for Rs. 500/- Then in such circumstances the Order will be passed on [deleted] So Question is that Whether the Party will be eligible for Amnesty Scheme for Rs.500/- in view of the above Provisions of Amnesty Scheme ? Please guide HARIOM
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Party would be eligible for amnesty scheme as statutory order includes appeal order
2) appealable order has to be passed before 15 th July 2019
Amnesty scheme is totally different from final
court order. No prejudice to any parties will be experienced if the amnesty will be effected
Yes, since the appellate authority has passed an order based on the appeal filed by the aggrieved person under the same amnesty scheme, he can pay the same reduced amount and get the benefits under the said scheme.
Sir ji, Now in case of same party but for other Assessment Year being 2013-14 On [deleted], he received Order passed by A.O. raising demand for Rs.2000/- Now he is planning to file Review/Appeal against the said Order and he will take date immediate and make final argument on first date and try to get Order in Review/Appeal before [deleted] Question arise :- Whether such Order obtained on [deleted] in Review/Appeal will be eligible for Amnesty Scheme in view of the above Provisions of Amnesty Scheme ? Please guide HARIOM
On what date A.O. raised ?
Scheme available to arrears pertains to the period ending on or before the 30th June 2017. It is for 13-14, Eligible.
Sir Actually previously also I did copy paste of the Question and asked the following Question but your system has deleted the Date and written [deleted in place of date] may be for some technical problem in your system Hence I am asking the same question again along with date therein __________________________________________________________________________ Sir ji, Now in case of same party but for other Assessment Year being 2013-14 On [deleted], On Second April Two thousand Nineteen he received Order passed by A.O. raising demand for Rs.2000/- Now he is planning to file Review/Appeal against the said Order and he will take date immediate and make final argument on first date and try to get Order in Review/Appeal before [deleted] (Thirty May Two thousand Nineteen) Question arise :- Whether such Order obtained on [deleted] in Review/Appeal will be eligible for Amnesty Scheme in view of the above Provisions of Amnesty Scheme ? Please guide HARIOM
The party preferred the appeal/review for the relief against huge amount imposed by the authorities concerned in the amnesty scheme hence he can very well be eligible for amnesty scheme privileges.
in both the cases, if the order is passed on or after 1.4.19 but prior to 15.7.19, then the amount payable pursuant to such order will be applicable for taking benefit under the amnesty scheme