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July 2008

The prescribed procedure

By Puloma Dalal, Bakul B. Mody, Chartered Accountants
Reading Time 2 mins
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3. The prescribed procedure :



  • The declaration in respect of Service Tax/interest/penalty and the amount
    payable is required to be made in a prescribed form viz. Form 1, to be
    furnished in duplicate and to be signed by the declarant or his authorised
    representative and to be submitted to the designated officer (an officer not
    below the rank of Assistant Commissioner) notified by the jurisdictional
    Commissioner for the purpose of the scheme, between July 01, 2008 and
    September 30, 2008.



  •  The designated officer is required to verify the submitted declaration and
    upon such verification, is required to issue an order in specified format
    within 15 days of the date of receipt of the declaration. The order would
    indicate the amount to be paid by the declarant for resolution of dispute
    under the scheme.



  •  The declarant is required to pay the sum determined by the designated
    authority vide the order described above within 30 days and intimate such
    payment along with the proof of payment. The declarant is also required to
    produce evidence of withdrawal of petition pending before any High Court or
    the Supreme Court, if any.



  •  The payment under this scheme is to be made in cash only.


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On receipt of the proof of payment determined in accordance with the order and
the proof of withdrawal of petition, if any, to any Court, the designated
authority would be required to issue a certificate in a prescribed form
viz.
Form 2 certifying full and final settlement of the amount in dispute.

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