Indirect Tax Dispute Resolution Scheme, 2016. (IDR Scheme, 2016) - Central Excise - TRADE NOTICE.-06/2016

OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, PUDUCHERRY COMMISSIONERATE GOUBERT AVENUE (BEACH ROAD) PUDUCHERRY - 605 001 C. No. IV/16/47/2016-Tech Dated: 08.08.2016 TRADE NOTICE.-06/2016 Subject: - Indirect Tax Dispute Resolution Scheme, 2016. (IDR Scheme, 2016) Gist of Scheme: The Government has launched the Indirect Tax Dispute Resolution Scheme-2016 w.e.f 01.06.2016.The Scheme covers the appeals pending before Commissioner (Appeals) as on 01.03.2016 covered under the Central Excise Act, 1944, Chapter V of finance Act, 1994 and the Customs Act, 1962. Under this Scheme the assessee, after paying duty, interest and penalty equivalent to 25% of penalties imposed in the impugned order can file a declaration. In such cases the proceedings against the assessee will be closed and he will get immunity under prosecution. Procedure: In the said Scheme, the declarant shall pay tax dues along with interest thereon at the rate provided in the Act and penalty equivalent to 25% of the penalty imposed in impugned order within 15 days of receipt of the acknowledgement Form 2 for declaration made under Form 1 and intimate the designed Authority within 7 days of making such payment giving the details of payment made alongwith the proof thereof. On receipt of proof of payment of Tax, interest and penalty as detailed in Form a, the designed Authority shall, within 15 days of receipt of such proof, pass an order of discharge of dues referred to in Form 3, and issue the Form of order of discharge of dues under Section 214 (4) of the Finance Act, 2016 (form 4). On issue of order in Form 4 the declaration under Form 1 shall become conclusive and no matter relating to the said order issued shall be re-opened thereafter in any proceeding under the Act before any Authority or Court. It is clarified that any amount paid in pursuance of a declaration made under this Scheme shall not be refunded. Exclusion: The Indirect Tax Dispute Resolution Scheme, 2016 shall not be applicable in respect of:- (i) Case involving search seizure proceeding, or (ii) Prosecution of any offence punishable under the Act has been made before 01.06.2016, or (iii) The impugned order is in respect of narcotic drug or other prohibited goods, or (iv) The impugned order is in respect of any offence punishable under Indian Penal Code, the NDPS Act, 1985 or the Prevention of Corruption Act, 1988, or (v) The detention order has been passed under COFEPOSSA, 1974 Forms under ITDR Scheme, 2016 (All copies enclosed): Form 1: It is declaration under Section 214(1) of the Finance Act, 2016. To be filled and given by declarant to Designated Authority in duplicate. Form 2: It is form of Acknowledgement under Section 214(2) of the Finance Act, 2016 Form 3: It is the form of Reporting of payment under Section 214(3) of the Finance Act, 2016. Form 4: Form of order of Discharge of Dues under Section 214(4) of the Finance Act, 2016. End of Scheme: The declaration can be made upto 31.12.2016 only. Designated Authority: Shri K. Kulasekaran Assistant Commissioner (R T) Office of the Commissioner of Central Excise Service Tax No. 1, Goubert Avenue, Puducherry-605001 Phone No. - 0413-2229525, 2336995, 2221999, 2331243 Fax No.:- 0413-2331244 All the Trade Associations are requested to bring the content of this Trade Notice and the notification No. 29/2016 dated 31/05/2016 attached herewith to the attention of their Members. (U. NIRANJAN) COMMISSIONER