Direct Tax Dispute Resolution Scheme, 2016
The Direct Tax Dispute Resolution Scheme, 2016 incorporated as Chapter X of the Finance Act, 2016, shall come into force on the 1 June, 2016 and Declarations under this Scheme may be made on or before 31 Dec. 2016 in respect of tax arrears & specified tax. The relevant rules and forms in this regard have been notified as under:
CBDT Notification on ‘Direct Tax Dispute Resolution Scheme Rules, 2016’
The CBDT vide Notification No. 35/2016 dt 26 May 2016 has notified Direct Tax Dispute Resolution Scheme Rules, 2016 which shall be effective from 1 June 2016, as under:
1. Short title and commencement:
(1) These rules may be called the Direct Tax Dispute Resolution Scheme Rules, 2016;
(2) They shall come into force on the 1st day of June, 2016,
In these rules, unless the context otherwise requires, –
(a) “Scheme” means the Direct Tax Dispute Resolution Scheme, 2016, specified under Chapter X of the Finance Act, 2016 (28 of 2016);
(b) “section” means section of the Finance Act, 2016 (28 of 2016);
(c) “Form” means the Forms appended to these rules;
(d) all other words and expressions used in these rules but not defined in these rules and defined in the Scheme under Chapter X of the Finance Act, 2016 (28 of 2016), shall have the same meanings respectively as assigned to them in that Scheme.
3. Form of declaration and undertaking under section 203:
(1) The declaration under sub-section (1) of section 203 shall be made in duplicate in Form-1 to the designated authority and verified in the manner specified therein.
(2) The undertaking referred to in sub-section (4) of section 203 shall be furnished in Form-2 alongwith the declaration and verified in the manner specified therein.
(3) The declaration under sub-rule (1) and the undertaking under sub-rule (2), as the case may be, shall be signed by the declarant or any person competent to verify the return of income on his behalf in accordance with section 140 of the Income-tax Act, 1961.
(4) The designated authority on receipt of declaration shall issue a receipt in acknowledgement thereof.
4. Form of certificate under sub-section (1) of section 204:
The designated authority shall issue a certificate referred to in sub-section (1) of section 204 in Form-3.
5. Intimation of payment:
The detail of payments alongwith proof thereof, made pursuant to the certificate issued by the designated authority shall be furnished by the declarant to the designated authority in Form-4.
6. Order under sub-section (2) of section 204:
The order by the designated authority under sub-section (2) of section 204 in respect of tax arrear shall be in Form-5 and in respect of specified tax shall be in Form-6.