Amnesty scheme

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Querist : Anonymous

Querist : Anonymous (Querist)

28 April 2016 Dear Sir / Madam,

This is regarding the latest Amnesty Scheme declared by the Government of Maharashtra. I have some questions regarding the applicability of Amnesty. Whether this amnesty scheme is available in all the cases of appeal and in the cases where the matter of dispute is there.

We filed appeal genearlly in the matter of dispute only but say for e.g. in the Real estate vat liability on flats with retrospective effect as per the SC order on VAT on works contract . Whether this is also covered in Amnesty scheme ?

Amol S Joglekar

Amol S Joglekar (Expert)
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28 April 2016 Amnesty scheme is applicable to all. But mind well, whatever you have already paid to Govt, whether by way of interest is NOT to be considered for amnesty. That is to say amnesty is for prospective period, whatever paid earlier is GONE.

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Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2016 Dear Sir,

Thanks for your reply. But normally the Amnesty scheme is for the matter of dispute like classification of goods, etc. Where there is no dispute of a[pplicability of tax and the matter has been at appeal only on the ground of non-merit then whther amnesty scheme will be applicable to this also ?

Amol S Joglekar

Amol S Joglekar (Expert)
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29 April 2016 It is made applicable in such cases also. This might be to reduce the number of cases at appeal stage.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2016 Dear Sir,

Is there any material available in writing regarding this because at enquired at appeal level in the department, the officer is refusing to accept our request and telling that this is not applicable to you as the clearity of the scheme is not yet come.

Amol S Joglekar

Amol S Joglekar (Expert)
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29 April 2016 L.A.Bill No. XIX of 2016. Maharashtra Settlement of Arrears in Disputes Bill 2016.
in the statement of objects and reasons, it is mentioned : Due to large number of pending tax disputes, it is decided to provide a scheme of settlement of disputes in respect of statutory order pertaining to any period ending on or before 31/03/2012, against which appeal is filed and stay in full or part has been granted by the appelate authority or tribunal or court, as the case may be.

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