Page 28 - Budget_2020
P. 28

Union Budget 2020
          Solution

           Particulars (Amount in Rs.)    Application  made  on  01.03.2020  Application  made   on   05.04.2020
                                          (Amount in Rs.)                   (Amount in Rs.)
           Disputed Income (1,00,00,000  –  30,00,000                       30,00,000
           70,00,000)
           Disputed Tax (excluding interest on  6,50,000                    6,50,000
           disputed tax)
           Interest on such disputed tax*   50,000                          50,000
           Disputed Interest**            60,000                            60,000
           Amount Payable for disputed tax (1)   6,50,000                   7,00,000 (6,50,000 + (10% of 6,50,000,
                                                                            restricted to Rs. 50,000 of interest))
           Amount payable for disputed interest  15,000 (25% of Rs. 60,000)   18,000 (30% of Rs. 60,000)
           (2)
           Total  amount  payable  under  the  Rs. 6,65,000                 Rs. 7,18,000
           scheme (1+2)


          * Shall not include disputed interest  ** which results out of disallowance
          Time and Manner of Payment

          Within 15 days – authorities shall determine the amount payable and grant certificate
          Within next 15 days – Payment needs to be paid by the applicant, after which final order shall be passed

          Implication of Final Order

             •   Order passed shall be conclusive and matter covered by such order shall not be reopened in any other proceeding
             •   Authorities would not institute any proceeding in respect of an offence; or
             •   impose or levy any penalty; or
             •   charge any interest

          Non-Applicability
         The provisions of the Act shall not apply in respect of tax arrears:

             •   relating to an AY in respect of which an assessment has been made under Search and Seizure (tax arrears of block assessment
                 years excluded but arrears of search year eligible for application)
             •   relating to an AY in respect of which prosecution has been instituted on or before the date of filing of declaration
             •   relating to any undisclosed income from a source located outside India or undisclosed asset located outside India
             •   relating to an assessment or reassessment made on the basis of information received under TIEA - Tax Information
                 Exchange Agreements
             •   relating to an appeal before the CIT(A) in respect of which notice of enhancement of income or penalty has been issued on
                 or before the 31  January 2020
                             st
          The provisions of this Act shall not apply to any person:

          1.  In respect of  whom an irrevocable order of detention has been  made under the Conservation of Foreign  Exchange and
             Prevention of Smuggling Activities Act, 1974
          2.  In respect of whom prosecution has been initiated under any of the specified laws for any offence or civil liability
          3.  Has been notified for committing an offence in securities as per the Special Court (Trial of Offences Relating to Transactions in
             Securities) Act, 1992





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