News Flash
  • One-Day GST Training on “TDS provisions of Registration, Returns and Payments” for officers of CBIC on 24th August, 2018 at NACIN, Faridabad Click here
  • Notifications issued specifying the due dates for filing of FORM GSTR-1 and FORM GSTR-3B for the period from July, 2018 to March, 2019.
  • “The MPRs for Revenue Report (DDM-GST-1) and Revenue trend of Top 25 Assessees (DDM-GST-4) have been hosted on DDM website. GST Commissionerates are required to upload the Revenue Report [CHALLAN REVENUE] and Revenue trend of Top 25 Assessees data from July, 2017 to July, 2018 at the earliest. The DDM-GST-1A MPR are no longer required to be uploaded and hence disabled.”
  • Two Days' Course on "Vigilance Matters" for Group 'A' Officers of CBIC from 23.08.2018 to 24.08.2018 at NACIN Faridabad under training programme. Click here
  • Tracer dated 07.08.18 issued in respect of 60(sixty) bottle seals not received by Customs Kolkata Click here
  • Status of filling of Withdrawal applications before various Appellate FORA as required vide DO letter dt. 11.07.2018. Click here
  • Notifications issued specifying the special procedure for completion of migration of taxpayers who received provisional IDs but could not complete the migration process; and for exempting payment under reverse charge until 30.09.2019.
  • LIMBS FAQs for field formations under CBIC Click here
  • Updated version of GST Concept and Status and PPT on GST - An Update as on 01/08/2018 have been uploaded
  • One Week Training Programme for Gr-A Officers of CBIC on "Greening of Offices" at iCED, Jaipur from 27th to 31st August, 2018 Click here
  • Details of Prospective Trainings by NACIN and its ZTIs & RTIs in August 2018 Click here
  • Two Days' Training Programme on " Export Promotion Scheme - Pre & Post GST Era" for Gr-A Officers of CBIC on 16th & 17th August, 2018 at NACIN, Faridabad Click here
  • Letter from Chairman, CBIC for submission of Two Swachhta projects for the F.Y. 2018-19. Click here
  • Draft new GST return design, principles and formats is published on https://www.mygov.in/group-issue/simplified-gst-return-principles-and-draft-return-formats/ for feedback and suggestions till 31.08.2018
  • Letter from the office of DGHRD to all the CCAs reg initiation of "Online Deputation Module" for Group 'A' officers Click here   URL Address   Flow Chart
  • Draft GST returns and formats will be placed on Mygov.in portal shortly. Stakeholders are requested to provide their feedback on the MyGov portal.
  • Placing of GST Returns and formats in public domain - Reg. Click here
  • Chairman CBIC's newsletter dated 27.07.2018 Click here
  • Report called for Applications filed for withdrawal of cases in terms of instruction F.390/Misc./ 116/2017-JC dated 11.7.2018 Click here
  • Refund disposal fortnight to handhold trade and industry in clearing pending GST refund claims from 16.7.2018 to 31.7.2018 Click here
  • Video on SWACHH BHARAT - A Pune Customs Initiative. Click here
  • Member (GST) letter to all Pr. Chief Commissioners/Chief Commissioners of GST Zones for collecting GST related issues for MSME. Click here
  • Details of Prospective Trainings by NACIN and its ZTIs & RTIs in August, 2018 Click here
  • Postponement of two (2) days Train the Trainers (ToT) Workshop on Green Customs on 20-21 August,2018 which was earlier scheduled on 23- 24 July, 2018 Click here
  • Letter from the office of DGHRD to all the CCAs regarding initiation of Online Monitoring of DPC Module for Group B and C .Click here
  • Decisions taken by the GST Council in its meeting held on 21.07.2018 regarding GST rates on services and New Returns format.For detailsClick here
  • Chairman CBIC's newsletter dated 21.07.2018.Click here
  • Special instructions to PAO regarding GST Refunds.Click here
  • Observation of Swachhta Pakhwada in the Department Of Revenue from 15/10/18 to 31/10/18.Click here
  • Grievance Redressal Officers (CBIC and State / UT Governments) for e-way bill system under rule 138D of Central/ State GST Rules, 2017.Click here
  • Refund disposal fortnight to handhold trade and industry in clearing pending GST refund claims from 16.7.2018 to 31.7.2018.Click here
  • Three Days’ Training Programme on ‘DIGITAL FORENSICS’ for Group-‘A’ Officers of CBIC From 16th August to 18th August, 2018 at Gujarat Forensic Sciences University, Gandhinagar.Click here
  • All India Workshop on “Entrepreneurship, Empathy and Change: How to generate value in team and every ecosystem"Click here
  • Asset Accounting issues and poor upkeep of centrally supplied IT equipment Click here
  • DO letter dated 11/07/2018-Regarding raising of monetary limits for filing appeals by the Department before CESTAT/ High Courts and Supreme Court in Legacy Central Excise and Service Tax Click here
  • Raising of monetary limits for filing appeals by the Department before CESTAT/ High Courts and Supreme Court in Legacy Central Excise and Service Tax Click here
  • Methodology adopted for ranking of Zones/ Directorates/ Commissionerates under Swachhata Action Plan 2017-18 Click here
  • Extension of suspension of provisions relating to TDS and TCS till 30.09.2018Click here
  • Details of Prospective Trainings By NACIN and its ZTIs & RTIs in July, 2018 Click here
View all

The Finance Act, 2013 (17 of 2013)

Chapter VI: Service Tax Voluntary Compliance Encouragement Scheme, 2013


Short title.

104. This Scheme may be called the Service Tax Voluntary Compliance Encouragement Scheme, 2013.

Definitions.

105. (1) In this Scheme, unless the context otherwise requires,-

 

(a) "Chapter" means Chapter V of the Finance Act, 1994;

 

(b) "declarant" means any person who makes a declaration under sub-section (1) of section 107;

 

(c) "designated authority" means an officer not below the rank of Assistant Commissioner of Central Excise as notified by the Commissioner of Central Excise for the purposes of this Scheme;

 

(d) "prescribed" means prescribed by rules made under this Scheme;

 

(e) "tax dues" means the service tax due or payable under the Chapter or any  other amount due or payable under section 73A thereof, for the period  beginning from the 1st day of October, 2007 and ending on the 31st day of December, 2012 including a cess leviable thereon under any other Act for the time being in force, but not paid as on the 1st day of March, 2013.

 

(2) Words and expressions used herein and not defined but defined in the Chapter or the rules made thereunder shall have the meanings respectively assigned to them in the Chapter or the rules made thereunder.

 

Person who may make declaration of tax dues.
  1. (1) Any person may declare his tax dues in respect of which no notice or an order of determination under section 72 or section 73 or section 73A of the Chapter has been issued or made before the 1st day of March, 2013:

 

             Provided that any person who has furnished return under section 70 of the Chapter and disclosed his true liability, but has not paid the disclosed amount of service tax or any part thereof, shall not be eligible to make declaration for the period covered by the said return.

 

            Provided further that where a notice or an order of determination has been issued to a person in respect of any period on any issue, no declaration shall be made of his tax dues on the same issue for any subsequent period.

 

(2) Where a declaration has been made by a person against whom,-

(a) an inquiry or investigation in respect of a service tax not levied or not paid or short-levied or short-paid has been initiated by way of-

(i)   search of premises under section 82 of the Chapter; or

(ii)   issuance of summons under section 14 of the Central Excise Act, 1944, as made applicable to the Chapter under section 83 thereof; or

(iii) requiring production of accounts, documents or other evidence under the Chapter or the rules made thereunder; or

(b) an audit has been initiated,

and such inquiry, investigation or audit is pending as on the 1st day of March, 2013, then, the designated authority shall, by an order, and for reasons to be recorded in writing, reject such declaration.

Procedure for making declaration and payment of tax dues.

107. (1) Subject to the provisions of this Scheme, a person may make a declaration to the designated authority on or before the 31st day of December, 2013 in such form and in such manner as may be prescribed.

 

(2) The designated authority shall acknowledge the declaration in such form and in such manner as may be prescribed.

 

(3) The declarant shall, on or before the 31st day of December, 2013, pay not less than fifty per cent. of the tax dues so declared under sub-section (1) and submit proof of such payment to the designated authority.

 

(4) The tax dues or part thereof remaining to be paid after the payment made under sub-section (3) shall be paid by the declarant on or before the 30th day of June, 2014:

 

        Provided that where the declarant fails to pay said tax dues or part thereof on or before the said date, he shall pay the same on or before the 31st day of December, 2014 along with interest thereon, at such rate as is fixed under section 75 or, as the case may be, section 73B of the Chapter for the period of delay starting from the 1st day of July, 2014.

 

(5) Notwithstanding anything contained in sub-section (3) and sub-section (4), any service tax which becomes due or payable by the declarant for the month of January, 2013 and subsequent months shall be paid by him in accordance with the provisions of the Chapter and accordingly, interest for delay in payment thereof, shall also be payable under the Chapter.

 

(6) The declarant shall furnish to the designated authority details of payment made from time to time under this Scheme along with a copy of acknowledgement issued to him under sub-section (2).

 

 (7) On furnishing the details of full payment of declared tax dues and the interest, if any, payable under the proviso to sub-section (4), the designated authority shall issue an acknowledgement of discharge of such dues to the declarant in such form and in such manner as may be prescribed.

Immunity from penalty, interest and other proceeding.

108. (1) Notwithstanding anything contained in any provision of the Chapter, the declarant, upon payment of the tax dues declared by him under sub-section (1) of section 107 and the interest payable under the proviso to sub-section (4) thereof, shall get immunity from penalty, interest or any other proceeding under the Chapter.

         (2) Subject to the provisions of section 111, a declaration made under sub-section (1) of section 107 shall become conclusive upon issuance of acknowledgement of discharge under sub-section (7) of section 107 and no matter shall be reopened thereafter in any proceedings under the Chapter before any authority or court relating to the period covered by such declaration.

No refund of amount paid under the Scheme.

109. Any amount paid in pursuance of a declaration made under sub-section (1) of section 107 shall not be refundable under any circumstances.

 

Tax dues declared but not paid.

110. Where the declarant fails to pay the tax dues, either fully or in part, as declared by him, such dues along with interest thereon shall be recovered under the provisions of section 87 of the Chapter.

Failure to make true declaration.
  1. (1) Where the Commissioner of Central Excise has reasons to believe that the declaration made by a declarant under this Scheme was substantially false, he may, for reasons to be recorded in writing, serve notice on the declarant in respect of such declaration requiring him to show cause why he should not pay the tax dues not paid or short-paid.

 

(2) No action shall be taken under sub-section (1) after the expiry of one year from the date of declaration.

 

(3) The show cause notice issued under sub-section (1) shall be deemed to have been issued under section 73, or as the case may be, under section 73A of the Chapter and the provisions of the Chapter shall accordingly apply.

Removal of doubts.

112. For the removal of doubts, it is hereby declared that nothing contained in this Scheme shall be construed as conferring any benefit, concession or immunity on the declarant other than the benefit, concession or immunity granted under section 108.

 

Power to remove difficulties.

113. (1) If any difficulty arises in giving effect to the provisions of this Scheme, the Central Government may, by order, not inconsistent with the provisions of this Scheme, remove the difficulty:

            Provided that no such order shall be made after the expiry of a period of two years from the date on which the provisions of this Scheme come into force.

 

(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Power to make rules.

114.- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Scheme.

 

 (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the form and the manner in which a declaration may be made under subsection (1) of section 107;

(b) the form and the manner of acknowledging the declaration under sub-section (2) of section 107;

(c) the form and the manner of issuing the acknowledgement of discharge of tax dues under sub-section (7) of section 107;

(d) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules.

 

(3) The Central Government shall cause every rule made under this Scheme to be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.