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The Central Board of Direct Taxes sets up the Centralised Processing of Equalisation Levy Statement Scheme, 2023 to process statements furnished under the Finance Act, 2016. This scheme applies to the processing of Equalisation Levy Statements filed by any assessee or e-commerce operator. The Centralised Processing Centre computes the levy after arithmetical adjustments, calculates interest, determines tax payable or refund due, and grants refunds electronically. The Commissioner may declare a statement invalid for non-compliance with validated software or incomplete information. No person appears personally before the Centre, and all communications occur through electronic modes.
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MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 7th February, 2023 INCOME-TAX
S.O. 614(E).—In exercise of the powers conferred by sub-section (2) of section 168 of Finance Act, 2016 (28 of 2016), the Central Board of Direct Taxes hereby makes the following scheme for processing of statement furnished under section 167 of the Act, namely:-
(2) It shall come into force on the date of its publication in the Official Gazette.
(a) "Act" means the Finance Act, 2016 ( 28 of 2016);
(b) "authorised representative" shall have the same meaning as assigned to it in sub-section (2) of section 288 of the Income-tax Act,1961 (43 of 1961);
(c) "Centre" means the Centralised Processing Centre as referred in clause (c) of paragraph 2 of the Centralised Processing of Returns Scheme, 2011;
(d) "Commissioner" means the Commissioner of Income-tax, Centralised Processing Centre as referred in clause (d) of paragraph 2 of the Centralised Processing of Returns Scheme, 2011;
(e) "designated portal" means the web portal designated as such by the Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), as the case may be;
(f) "Director General" means the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be;
(g) "rules" means Equalisation levy Rules, 2016;
(h) "e-mail" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message;
(i) "Equalisation Levy Statement" means the statement furnished under section 167 of the Act;
(j) "registered electronic account" of the assessee or e-commerce operator means the electronic filing account registered by the assessee or e-commerce operator in designated portal;
(k) words and expressions used herein but not defined and defined under Chapter VIII of the Act shall have the meaning respectively assigned to them under that Chapter.
Scope of the Scheme.- This Scheme shall be applicable in respect of processing of the Equalisation Levy Statements.
Furnishing of Equalisation Levy Statement.- (1) Every assessee or e-commerce operator shall furnish the Equalisation Levy Statement under sub-section (1) of section 167 of the Act within the time stipulated under sub-rule (2) of rule 5 of the rules.
(2) An assessee or e-commerce operator may furnish an Equalisation Levy Statement or a revised Equalisation Levy Statement, as the case may be, under sub-section (2) of section 167 of the Act at any time before the expiry of two years from the end of the financial year in which the specified services was provided or e-commerce supply or services was made or provided or facilitated.
(3) An assessee or e-commerce operator may furnish a Equalisation Levy Statement in response to notice sent by the Assessing Officer under sub-section (3) of section 167 of the Act in accordance with rule 6 of the rules.
(i) for non-compliance of procedure for using any software not validated and approved by the Director General; or (ii) on account of incomplete information in the Equalisation Levy Statement.
(2) Where a revised Equalisation Levy Statement is furnished, the Centre shall process only the revised Equalisation Levy Statement and no further action shall be taken on the original Equalisation Levy Statement if it has not already been processed.
(3) The Commissioner may, –
(4) The assessee or e-commerce operator may make an application to the Assessing Officer for amending any intimation issued under section 168 of the Act, within one year from the end of the financial year in which the intimation sought to be amended was issued.
(5) Wherever an Equalisation Levy Statement cannot be processed in the Centre for any reasons, the Commissioner shall arrange to transmit such return to the Assessing Officer having jurisdiction in respect of the assessee or e-commerce operator for the purposes of Chapter VIII of the Act.
(6) In case of error in processing of the Equalisation Levy Statement due to an error in data entry or a software error or otherwise, resulting in excess refund being computed or reduction in demand of tax, the same will be corrected on its own by the Centre by passing a rectification order and the excess amount shall be recovered as per the provisions of sections 220 to 227, 229 and 232 of the Income-tax Act, 1961.
(7) In a case where there is any sum payable by the assessee or e-ecommerce operator under Chapter VIII of the Act, the refund, if any, arising from processing of the Equalisation Levy Statement, shall be set of against such sum payable.
(2) Written or electronic communication from such person or authorised representative in the format specified by the Centre in this respect shall be sufficient compliance of the query or clarification received from the Centre.
(3) The Centre may call for such clarification, evidence or document as may be required for the purpose of facilitating the processing of Equalisation Levy Statements and all such clarification, evidence or document shall be furnished electronically.
(a) every intimation, notice or any other communication under this Scheme from the Centre to the assessee or e-commerce operator or its authorised representative shall be made by,–
