Advisory For Waiver Scheme Under Section 128A
08/11/2024
For reducing the tax disputes and to provide a big relief to the taxpayers,
GST
Council in its 53rd meeting held on 22nd June, 2024 had recommended for waiver
of interest and penalties in the demand notices or orders issued under
Section
73 of the CGST Act, 2017 (i.e. the cases not involving fraud, suppression or
wilful misstatement, etc.) for the Financial years 2017-18, 2018-19 and 2019-20.
To avail this waiver, the condition is that the full tax demanded is paid on or
before 31.03.2025.
In view of the above, Rule 164 of CGST rules, 2017 was notified through
Notification No. 20/2024 dated. 8th October 2024, effective from 1st November
2024. This rule provides procedural guidelines for the said waiver scheme. As
per the waiver scheme, if a notice or order is issued under
Section 73 for the
financial years 2017-18, 2018-19 and 2019-20, the taxpayers are required to file
an application in FORM GST SPL-01 or
FORM GST SPL-02, respectively on the common
portal within three months from notified date, which is 31.03.2025.
In this regard it is to inform that Form GST SPL-01 and
Form GST SPL-02 are
under development and same will be made available on the common portal
tentatively from the first week of January 2025. In the meantime, taxpayers are
advised to pay the tax amount demanded in the notice, statement, or order issued
under Section 73 on or before March 31st, 2025, to ensure that they receive the
waiver benefits by paying their taxes before the deadline.
Taxpayer can pay the demanded tax amount through the “payment towards demand”
facility in case of demand orders and through Form GST DRC-03 in case of
notices. However, if payment has already been done through
Form GST DRC-03 for
any demand order then taxpayer need to link the said
Form GST DRC 03 with such
demand order through Form GST DRC-03A, which is now available on the common
portal.
Thanking You,
Team GSTN