GST Amnesty Scheme
GST Amnesty scheme are various resolution scheme to settle tax dispute or to settle pending litigation. GST Amnesty scheme provided by Government under various names such as SVLDRS.
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Sabka Vishwas (Legacy dispute Resolution) Scheme, 2019 [SVLDRS]
Government use to bring amnesty scheme as and when required in order to reduce litigation and to resolve the matter by waiver of certain percentage of Tax, interest or penalty as per the scheme. After GST implementation, considering GST amensty scheme, Government introduce SVLDRS 2019.
GST in India come into effect from 01st July 2017, being in the nature of indirect tax this GST has replaced may other indirect tax which was levied erstwhile prior to 01st July 2017 by Central Government and State Government.
Taxes which were replaced by GST are:
|Indirect Taxes levied by Central Government prior to 01st July 2017||Indirect Taxes levied by State Government prior to 01st July 2017|
Considering long pending litigation relating to taxes exited in pre-GST era, the Government came up with most awaited GST Amnesty scheme in Indirect taxes. The Sabka Vishwas Scheme, 2019 is a scheme introduced in Union Budget 2019 to resolve all disputes relating to erstwhile indirect taxes which were subsumed into GST. Sabka Vishwas (Legacy dispute Resolution) Scheme, 2019 has been notified by CBIC and came into effect from 01st September 2019 forming part of GST Amnesty Scheme.
Functionality of SVLDRS
- Any person who wishes to avail the benefit of this scheme can file a declaration online on the portal of CBIC which can be accesses on cbic-gst.gov.in in proper form SVLDRS-1, for each case separate declaration need to be filed.
- The Designated Committee shall scrutinize the declaration submitted in SVLDRS-1 and if the estimated payable amount turns to be more than declared amount, then such designated committee shall issue estimated payable amount in SVLDRS-2 within 30 days of submission of SVLDRS-1 along-with opportunity of being heard.
- The person to whom SVLDRS-2 is issued, may accept or may raise an objection and may also request for adjournment of hearing on or before due date mentioned in SVLDRS-2. The person can raise its request in form SVLDRS-2A, in case any communication is not received in SVLDRS-2A from the tax payer then the designated committee make its decision based upon the records available.
- Designated Committee shall issue final payable amount in form SVLDRS-3 within period of 60 days from the receipt of declaration in SVLDRS-2A. If there is nil amount payable or there is no appeal pending in either in High Court or Supreme Court then statement in form SVLDRS-3 will not be issued.
- Finally after payment of all liability by the taxpayer, the designated committee shall issue Discharge certificate in SVLDRS-4 within 30 days of payment of full an final amount.
Relief provided in GST amnesty Scheme under SVLDRS 2019 is ranging from 40% to 70% as mentioned:
|Relief Available from the Duty Demand||For Cases Pending Adjudication or Appeal||For Cases of Confirmed Duty Demands (Where No Appeal is Pending)||For Cases of Voluntary Disclosure|
|Duty demands up to INR 50 lakhs||70%||60%||The full amount of duty disclosed|
|Duty demands more than INR 50 lakhs||50%||40%|
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