2018 (9) TMI 315 - AT - Service Tax

Rejection of Voluntary Compliance Entitlement Scheme application - acknowledgement of discharge of declared tax dues not issued - Section 108 of Finance Act, 2013. Held that - It has been provided under Section 108 of Finance Act, 2013 that on the furnishing details of full payment of declared tax dues and interest the designated authority was bound to issue an acknowledgment of discharge of such dues to the declarant and after such acknowledgement was issued to the declarant no matter is eligible to be opened in any proceedings - The said provisions of Section 108 are not applicable in the present case in the absence of issue of such acknowledgement of discharge of declared tax dues. Appeal dismissed - decided against Revenue.

Summary

Issues:
1. Appeal against rejection of declaration under VCES Scheme 2013.
2. Interpretation of provisions under Section 108 of Finance Act, 2013 regarding acknowledgment of discharge of tax dues.

Analysis:
1. The appeal was filed by the Revenue against the rejection of a declaration under the VCES Scheme 2013 by the designated authority. The Respondent, a partnership firm, had filed a declaration under the scheme, disclosing tax dues for different periods. The designated authority initially acknowledged the declaration but later rejected it, stating that the Respondent was not liable to make the declaration as there was an ongoing enquiry against another partnership firm, M/s Royale Empies, which previously owned the project. The Respondent contended that they were not liable for the tax dues of M/s Royale Empies and had correctly declared their own liabilities. The Ld. Commissioner (Appeals) accepted the Respondent's contention and allowed the declaration. The Revenue appealed to the Tribunal, arguing that there was no provision for filing an appeal against the rejection of the declaration under the Finance Act, 2013.

2. The Tribunal considered the provisions of Section 108 of the Finance Act, 2013, which require the designated authority to issue an acknowledgment of discharge of declared tax dues upon full payment. Since no such acknowledgment was issued in this case, the Tribunal found that the provisions of Section 108 were not applicable. Therefore, the Tribunal dismissed the Revenue's appeal, stating that there was no merit in the grounds presented by the Revenue. The decision was based on the lack of issuance of the acknowledgment of discharge of tax dues, as required under the relevant provisions of the Finance Act, 2013.

This judgment highlights the importance of adherence to procedural requirements under the law, specifically regarding the acknowledgment of discharge of tax dues under the Finance Act, 2013. It also emphasizes the need for clarity in declarations made under schemes like the VCES Scheme 2013 to avoid disputes and ensure compliance with legal obligations.