TIOL-DDT 2809 · Thursday, 17 March 2016 · story 2 of 4

What about Central Excise and Service Tax?

IT will be interesting to note that similar provisions were inserted in Central Excise and Service Tax in the 2016 Budget.

By Notification No. dated 1.3.2016, the Central Excise Rules were amended to add a proviso after Rule 26(1):

Provided that where any proceeding for the person liable to pay duty have been concluded under clause (a) or clause (d) of sub-section (1) of section 11AC of the Act in respect of duty, interest and penalty, all proceedings in respect of penalty against other persons, if any, in the said proceedings shall also be deemed to be concluded.

In Service Tax, the Finance Bill 2016 proposes to insert an explanation in Section 78A:

Explanation.-- For the removal of doubts, it is hereby clarified that where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, and the proceedings with respect to a notice issued under sub-section (1) of section 73 or the proviso to sub-section (1) of section 73 is concluded in accordance with the provisions of clause (i) of the first proviso to section 76 or clause (i) of the second proviso to section 78, as the case may be, the proceedings pending against any person under this section shall also be deemed to have been concluded.

Also see Co-noticees entitled for penal waiver if the main noticee pays duty, interest and penalty - Rule 26 of CER, 2002 amended

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