The Himachal Pradesh State Tax and Excise notified the clarifications on HP (Legacy Cases Resolution) Scheme, 2019.
The department clarified that no fee is chargeable in case of assessment finalised and turnover during the assessment year is nil. The dealer has later filed the nil returns and penalty under section 16(6) and as per CST Act levied during the assessment. At present the penalty amount is standing as an arrear.
It was further clarified that no settlement fee is chargeable as per section 16(6) if a dealer fails without sufficient cause to furnish the returns by the prescribed date as required under sub section (3), the dealer shall be liable to pay by way of penalty, a sum equal to (200) per day till the default continues. but such penalty shall not exceed Rs. 25,000.
In case there is no taxable turnover but the penalty imposed under section 16(6) can the dealer apply for a legacy scheme and what will be the settlement fees as the tax liability is nil without any settlement fee is chargeable.
“The declarant has to file a declaration in an off-line mode. Since various documents in support of the claim are to be filed along with the declaration before the Designated Committee, it will not be practicable to file all these documents in an online mode. However, the payments of Settlement fee can be made through online mode which is presently being done through Cyber Treasury portal by the assesses. Instructions have already been issued to the field offices vide letter dated 15.05.2020. Any query in this regard can be taken up with the concerned officer of the district,” the department clarified.
The clarifications issued will not only help the stakeholders to understand the HP (Legacy Cases Resolution) Scheme, 2019 better but also it will enable smooth administration.
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