Eligibility under vces scheme

CA Prateek (Proprietor) (52 Points)

19 December 2013  

Dear All,

This has reference to the VCES Scheme which is ending on 31-Dec-2013.

A person has been issued letters for submitting documents like Balance Sheet, Profit & Loss Accounts, Work orders etc prior to 01.03.2013 without quoting any section as specified in section 106(2). After 01.03.2013, same letter was re-issued quoting section as specified in section 106(2) and thereafter SCN was issued.

We had filed Form VCES-1. However department has rejected the form VCES-1 on the plea that letter(s) (on which no section as specified under section 106(2) were quoted) issued prior to 01.03.2013 and SCN has been issued though afterwards ( i.e. after 01-03-2013). Therefore such person shall not be eligible for benefit under VCES scheme.

Reasons provided by department for rejection, in my opinion, contradicts clarifications provided in circulars 169/4/2013-ST, 170/5 /2013 and 174/9/2013. Therefore I wish to seek clarification and guidance whether such person is eligible for benefits under the said scheme?

Thanking you