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Centre Takes Firm Step to Shed Off Excess Baggage of Litigations

It has been uploaded on the website of the Central Board of Indirect Taxes and Customs (CBIC)

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The FAQs attempt to sort out innate issues associated with the legacy disputes, answering, for example, who is eligible to file declaration and the list of acts covered under the scheme. Pixabay

Building a roadmap for the economy, the Centre has taken a firm step to shed off the excess baggage of litigations, a vital factor slowing down growth.

The Centre has rolled out a set of 43 frequently asked questions (FAQs) connected with the ‘Sabka Vishwas Scheme’ (Legacy Dispute Resolution), 2019, a step largely towards simplifying a scheme directly linked to creating a favourable atmosphere enabling ease of doing business.

The FAQs attempt to sort out innate issues associated with the legacy disputes, answering, for example, who is eligible to file declaration and the list of acts covered under the scheme.

It has been uploaded on the website of the Central Board of Indirect Taxes and Customs (CBIC).

Centre, Baggage, Litigation
Building a roadmap for the economy, the Centre has taken a firm step to shed off the excess baggage of litigations, a vital factor slowing down growth. Pixabay

A majority of questions under FAQs dwell on the eligibility of persons and the nature of dispute resolution falling under Service Tax and Central Excise.

Persons who are eligible under the scheme will be required to file an electronic declaration at the CBIC portal, and within 60 days of filing of declaration, an electronic response on the final decision taken in the matter, will be communicated to the person concerned.

The scheme focuses on three crucial aspects – optimize resources of the industry, avoid litigation pending for a long period of time, and give an opportunity to taxpayers to settle their matter concerning service tax and central excise.

The FAQ informs the taxpayer that once the amount is finalized through this scheme, then it is final, and the matter will be closed and also shielded from any other proceeding.

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Therefore, this scheme virtually takes cares of retrospective aspect of taxation, which often worry the taxpayer.

According to the scheme, any show cause notice (SCN) whether main or periodical, issued and where the final hearing has not taken place on or before June 30, 2019, is eligible under the scheme.

There are various benefits available under the scheme — total waiver of interest, penalty and fine in all cases, immunity from prosecution, in pending cases a relief of 70 per cent from the duty demand if it is Rs 50 lakh or less and 50 per cent, if it is more than Rs 50 lakh.

The same relief is available for cases under investigation and audit where the duty involved is quantified on or before June 30, 2019.

Centre, Baggage, Litigation
The Centre has rolled out a set of 43 frequently asked questions (FAQs) connected with the ‘Sabka Vishwas Scheme’ (Legacy Dispute Resolution), 2019, a step largely towards simplifying a scheme directly linked. Pixabay

Taxpayers will get a discharge certificate, which will be issued under Section 127 with respect to the amount payable under the scheme and shall be conclusive as to the matter and time period declared.

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As a result — (a) the declarant shall not be liable to pay any further duty, interest or penalty with respect to the matter and time period covered in the declaration; (b) the declarant shall not be liable to be prosecuted under the indirect tax enactment with respect to the matter and time period covered in the declaration; and (c) no matter and time period covered by such declaration shall be reopened in any other proceeding under the indirect tax enactment. (IANS)

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Things You Need to Consider before Filing a Lawsuit

Here are a few things you need to consider before filing a lawsuit

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Here are four things you need to keep in mind before filing a lawsuit. Pixabay

No one wants to end up in a courtroom, but sometimes you don’t have any other choice. If you feel that you have been wronged in some way or you have a dispute that you cannot settle on your own, then you may have no choice but to file a lawsuit. This is a big decision and not something you should enter into lightly. It is important that you know exactly what you are getting yourself into.

Here are four things you need to know before you file a lawsuit

Do You Have a Case?

Obviously, it is a good idea to establish whether you actually have a winnable case or not long before you enter a courtroom. You don’t want to sink lots of time and money into a case that’s going nowhere. Most attorneys will be happy to offer you a free consultation to decide whether it is worth hiring the services or not. So, it is worth arranging a meeting with an attorney near you.

What Do You Want Out of the Process?

What do you want to get out of the process? Do you want to get some financial compensation? Or are you only looking to get an acknowledgment of wrongdoing and an apology? There is a multitude of different reasons that people file lawsuits, it is important to understand and exactly what it is that you want out of the process from the beginning. Things aren’t necessarily going to go your way, and it is important that you can manage your expectations from the beginning. You don’t want to end up disappointed when you realize that the outcome you were expecting is not going to materialize.

If or when you sit down with a lawyer, it is important that you discuss with them what it is that you are hoping to get out of the case. They will be able to tell you whether your expectations are realistic or not, and if necessary, they can help you adjust them to something more realistic.

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It is better to set up the case out of court and save time and money before filing a lawsuit. Pixabay

Have You Tried to Settle the Case Without Litigation?

In some cases, it is better to set up the case out of court and save yourself some time and money. The time and money that you spend fighting a court case is time and money that you’ll never ever be able to get back. Of course, some things can only be settled in a courtroom, and in some cases, the remedy that you’re pursuing can only be awarded to you by a court. However, if there is a possibility of reaching a settlement or agreement with the subject of your lawsuit this is an avenue that you should explore.

Do You Know What Kind of Lawyer You Need?

Different fields of the law will be handled by different lawyers, you need to find one that has the appropriate specialty to take on your case. You need a lawyer that not only has experience in the area of law most relevant to your case, but also one that has experience arguing cases in the state where your case will be heard. If at all possible, you should look for someone with even more localized experience than this.

For example, if you were pursuing a wrongful death suit in Philadelphia, you would consult a Philadelphia wrongful death attorney, not one based elsewhere in Pennsylvania.

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Having the right attorney on your side will ensure that everything that follows progresses as smoothly and easily as possible. The last thing you want when you are halfway through the litigation process is an unexpected surprise that derails your entire case. Working with an experienced attorney is the best way of avoiding this.

If you are sure that a lawsuit is the way to go, then it is important that you enter the process with both eyes open. It is always worth speaking to an attorney beforehand, as most will offer you a free consultation.