• Amnesty scheme

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
Asked 6 years ago in Taxation

13 answers received from multiple lawyers

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13 Answers

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 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Amnesty scheme is totally different from final 

court order. No prejudice to any parties will be experienced if the amnesty will be effected

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

Yes on 500 rs as actual demand reduce to 500. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Review /Appeal is barred by limitation 

 

would not be entertained after lapse of so many years 

 

 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

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. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Of the said review is not on the point of amnesty scheme then it will not applicable

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

Such order will be eligible for amnesty scheme 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

The answer to subsequent question is also the same what was given earlier.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

Amnesty scheme will be treated differently and not at par with review order. 

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

late fee payable as per, any statutory order, which pertains to the period -- read language - order will be of Review/Appeal

and period is 2013-14 . 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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