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TMI BlogThe Service Tax Voluntary Compliance Encouragement Scheme - clarifications regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... ject: The Service Tax Voluntary Compliance Encouragement Scheme - clarifications regarding. The Service Tax Voluntary Compliance Encouragement Scheme (VCES) has come into effect from 10.5.2013. Some of the issues raised with reference to the Scheme have been clarified by the Board vide circular No. 169/4/2013-ST, dated 13.5.2013 . Subsequently, references have been received by the Board seeking further clarifications as regards the scope and applicability of the Scheme. 2. The issues have been examined and clarifications thereto are as follows: S No. Issues Clarification 1 Whether the communications, wherein department has sought information of roving nature from potential taxpayer rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice shall be eligible to make a declaration under the Scheme. 3 Whether a declaration can be made under the Scheme in respect of CENVAT credit wrongly utilized for payment of service tax? Any service tax that has been paid utilizing the irregular credit, amounts to non-payment of service tax. Therefore such service tax amount is covered under the definition of tax dues . 4 Whether a party, against whom an inquiry, investigation or audit has been initiated after 1.3.2013 (the cutoff date) can make a declaration under the Scheme? Yes. There is no bar from filing of declaration in such cases. 5 There was a default and a Show Cause Notice was issued for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Service Tax Rules provides for waiver of penalty in deserving cases where return has not been filed and, in such cases, the assessee may seek relief under rule 7C . 8 A person has made part payment of his tax dues on any issue before the scheme was notified and makes the declaration under VCES for the remaining part of the tax dues. Will he be entitled to the benefit of non-payment of interest/penalty on the tax dues paid by him outside the VCES , i.e., (amount paid prior to VCES )? No. The immunity from interest and penalty is only for tax dues declared under VCES . If any tax dues have been paid prior to the enactment of the scheme, any liability of interest or penalty thereon shall be adjudicated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, i.e., 31.12.2013. 11 What is the consequence if the designated authority does not issue an acknowledgement within seven working days of filing of declaration? Whether the declarant can start making payment of the tax dues even if acknowledgement is not issued? Department would ensure that the acknowledgement is issued in seven working days from the date of filing of the declaration. It may however be noted that payment of tax dues under the Scheme is not linked to the issuance of an acknowledgement. The declarant can pay tax dues even before the acknowledgement is issued by the department. 12 Whether declarant will be given an opportunity to be heard and explain his cases before the rej ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and subsequently his declaration is rejected. Would the amount so paid by him be adjusted against his liability that may be determined by the department? The amount so paid can be adjusted against the liability that is determined by the department. 15 Section 111 prescribes that where the Commissioner of Central Excise has reasons to believe that the declaration made by the declarant was substantially false , he may serve a notice on the declarant in respect of such declaration. However, what constitutes a substantially false declaration has not been specified. The Commissioner would, in the overall facts of the case, taking into account the reasons he has to believe, take a judicious view as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The admissibility of CENVAT credit on any inputs and input services used for provision of output service in respect of which declaration has been made shall continue to be governed by the provisions of the Cenvat Credit Rules, 2004. 18 (a) Whether the tax dues amount paid under VCES would be eligible as CENVAT credit to the recipient of service under a supplementary invoice? (b) Whether cenvat credit would be admissible to the person who pays tax dues under VCES as service recipient under reverse charge mechanism? Rule 6(2) of the Service Tax Voluntary Compliance Encouragement Rules, 2013, prescribes that CENVAT credit cannot be utilized for payment of tax dues under the Scheme. Except t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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