30 September 2013

HC on VCES

The Government introduced Service tax Voluntary Compliance Encouragement Scheme (the Amnesty Scheme) vide Union Budget 2013. The purpose of this Scheme is to provide for one-time waiver in respect of interest, penalty and immunity from prosecution for tax defaults (non-payment of tax) upon settlement of tax dues in a specified manner.
 In this regard, in a recent ruling of Allahabad High Court (the High Court) in the case of Anand Caterer, the High Court has held that when any taxpayer has filed an application under the Amnesty Scheme even after a demand notice/ Order has been being issued, no recovery proceedings could be undertaken until such application has been disposed off.

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