Notification as on dated November 15, 2016

Notification: Jammu & Kashmir Sales tax:

1. Remission of 100% of the penalty and the interest on arrears of the tax upto the accounting year 2015-2016

The Jammu and Kashmir Government vide Notification No. SRO 360 dated November 13, 2016 has granted remission of 100% of the penalty and the interest on arrears of the tax (i.e. Amnesty Scheme) in respect of all the dealers registered under the provisions of Jammu and Kashmir General Sales Tax Act, 1962 (“the J&K General Sales Tax Act”), who pay the arrears of sales tax, assessed/re-assessed up to the accounting year 2015-2016, in 6 equal monthly instalments with the first instalment to be paid within 1 month of the publication of this notification.

Further, the remission of interest and penalty shall also be available to following class of dealers-

1. Who have paid their admitted/assessed tax for all the accounting years up to 2015-2016, in part or in full and deposit balance amount in 6 equal monthly instalments with the first instalment to be paid within 1 month of the publication of this notification.

2. Who are yet to be assessed as per provision of theJ&K General Sales Tax Act for any of the accounting year(s). They shall, however, be eligible for availing the benefit of the scheme subject to the condition prescribed.

The benefit of remission can also be obtained by industrial unit holders whose products figure in the negative list or who are not entitled to any Sales tax exemption. Also, the Jammu & Kashmir Government has prescribed the disqualification, conditions etc. for the availment of the scheme.

The amount, if any already paid towards penalty or interest imposed/levied under the aforesaid section, before the issuance of this notification, shall neither be refunded nor adjusted in any manner.

Furthermore, in this regard the Jammu & Kashmir Government vide Notification No. 03/Reader/Notifi/II/1163-75 dated November 13, 2016 has issued guidelines for implementation of Amnesty Scheme as follows-

• Submission of declarations/Documents/proof of payment
• Furnishing information upon request
• Preliminary scrutiny
• Detailed scrutiny
• Summary rejection
• Redressal of grievances
• Dealers qualifying for Amnesty
• Monitoring
• Final disposal
• Dealers who have already paid principal amount.

Provided that in respect of non-existing/ non-traceable dealers where the Assessing Authority is satisfied that the principal amount stands liquidated and only interest and penalty are outstanding and no legal proceeding on the subject is pending in any competent legal forum, the Assessing Authority shall pass an order waiving off the interest and penalty in such cases, within a period of 3 months from the closure of this scheme and submit a list of such dealers alongwith details of interest and penalty waived off, to the concerned officer.

Also, the format of Declaration and self- assessment declaration has been prescribed.

Read more at: https://jkcomtax.gov.in/JKPortal/download.htm?URL_TO_DOWNLOAD=/webupload/NOTI/SRO360GST16.pdf

https://jkcomtax.gov.in/JKPortal/download.htm?URL_TO_DOWNLOAD=/webupload/NOTID/Guide-GST.pdf

2. Exemption from payment of Sales tax for industrial sector under J & K General Sales Tax Act upto accounting year 2004-2005

The Jammu and Kashmir Government vide Notification No. SRO 361 dated November 13, 2016 has formulated a scheme to Condon the defaults made by assesses in compliance of technical nature as stipulated in the notification by providing an opportunity to the unit holders in industrial sector to make good the deficiencies made by them under the J & K General Sales Tax Act, within a specified time frame upto accounting year 2004-2005 and subject to the conditions as are expedient for the purpose.

Further, the J&K Government has provided the time period and documents/ declarations and other conditions for availing the above said exemption by the following persons-

1. The large/medium and small scale industrial units which are operating or were operating in the State and are carrying on or were carrying on the activity of manufacturing goods and which have been assessed/reassessed to tax or will be assessed/reassessed to tax for non-submission of various documents or fulfillment of requirements stipulated under the relevant notifications.
2. The unit holders who have failed to obtain/renew their exemption license within the stipulated period for any of the accounting years relating to period of exemption.
3. The unit holders who have been disallowed exemption or are liable to withdrawal of exemption on imposition of penalty upon them and thereby disqualifying them for exemption.
4. The unit holders who have conducted any sale of the goods manufactured by them during the period when they were registered only provisionally.
5. Where an industrial unit has been disallowed exemption on the grounds that it has procured and disposed of finished goods.
6. Where an industrial unit has been disallowed exemption on the grounds that it has missed the incorporation of some purchase transactions in the purchase statement.

Furthermore, it is provided that the prescribed declaration and the documents required to be submitted therewith shall be examined by the Assessing Authority within 2 months from the last date prescribed for filing of documents, and the deficiencies, if any, shall be allowed to be made good within a period of 1 month from the date of issuance of deficiency notice.

It is also stipulated that any amount already paid towards interest/penalty before the issuance of this notification shall neither be refunded nor adjusted in any manner.

Also, the Jammu & Kashmir Government vide Notification No. 03/Reader/Notif/II/1176-88dated November 14, 2016 has issued guidelines for implementation of Amnesty Scheme as follows-

• Submission of declarations/Documents/proof of payment.
• Preliminary scrutiny
• Detailed scrutiny
• Summary rejection
• Redressal of grievances
• Unit holder qualifying for amnesty
• Monitoring
• Final disposal

Also, the format of Declaration has been prescribed.

Read more at: https://jkcomtax.gov.in/JKPortal/download.htm?URL_TO_DOWNLOAD=/webupload/NOTI/SRO361GST6.pdf

https://jkcomtax.gov.in/JKPortal/download.htm?URL_TO_DOWNLOAD=/webupload/NOTID/Guide-GST361.pdf

3. Remission of 100% of the penalty imposed on transporters under J & K General Sales Tax Act 1962 upto accounting year 2004-05

The Jammu and Kashmir Government vide Notification No. SRO 362 dated November 13, 2016 has granted remission of 100% of the penalty imposed on transporters upto the accounting year 2004-05 underclause (b) of Section 15A(8) of the J & K General Sales Tax Act 1962.

Further, conditions have prescribed for waiver of penalty and availing benefit of the scheme. Also, it is clarified that the amount, if any already paid towards penalty and interest before the issuance of this notification shall neither be refunded nor adjusted in any manner.

Read more at: https://jkcomtax.gov.in/JKPortal/download.htm?URL_TO_DOWNLOAD=/webupload/NOTI/SRO362GST16.pdf