Wednesday, 16 October 2024

GST Amnesty scheme 2024

 

New GST Amnesty Scheme from November 1, 2024: Key Compliance Details

 

Effective Date: November 1, 2024

 

Purpose: To provide relief to GST-registered taxpayers facing non-fraudulent GST demands for the fiscal years 2017-18 to 2019-20 i.e cases covered under section 73

 

Key Benefits:

 

Waiver of Interest and Penalty: Eligible taxpayers can avail a waiver of interest and penalties on GST tax demands.

One-Time Waiver of Late Fees: A one-time waiver of late fees is also provided.

Eligibility Criteria:

 

GST-Registered Taxpayers: Only GST-registered taxpayers are eligible for the scheme.

Non-Fraudulent Demands: The demands must be non-fraudulent in nature.

Time Period: The scheme applies to demands raised under Section 73 of the CGST Act for the fiscal years 2017-18 to 2019-20.

Procedure for Amnesty scheme:

S. No.

Procedure

Form

Rule

Remarks

1

Application for Waiver (Notice/Statement)

GST SPL-01

164(1)

For waivers related to notices or statements issued under Section 128A(1)(a).
* Note: Most  notices/statements already time-barred.
* Refer to Table 7 of GST SPL-01 for required documents.

 

 

 

 

 

2

Application for Waiver (Demand/Appeal/Revision Order)

GST SPL-02

164(2)

For waivers related to demand orders or orders in appeal/revision under Section 128A(1)(b) or (1)(c).
* Refer to Table 7 of GST SPL-01 for required documents.

 

 

 

 

 

3

Show Cause Notice (SCN)

GST SPL-03

164(8)

Issued when the officer believes the waiver application is ineligible.
* States reasons for potential rejection and any short payment.
* Includes date and time for a hearing.

 

 

 

 

 

4

Reply to Show Cause Notice

GST SPL-04

164(9)

Applicant can file a reply within one month.
* Supporting documents (e.g., tax payment details) can be submitted.

 

 

 

 

 

5

Order for Conclusion of Proceedings

GST SPL-05

164(10)

Issued when applications under SPL-01 or SPL-03, or replies to SPL-03, are admitted/allowed.
* Officer must issue this order within 3 months of application (if no SCN issued) or within 3 months of reply (if SCN issued).
* Proceedings deemed concluded if no order issued within specified timeframes.

 

 

 

 

 

6

Order for Rejection of Application

GST SPL-07

164(12)

Issued when the waiver application is rejected.
* Details the reason for rejection (e.g., incomplete payment, late payment, non-applicable section).
* This order is appealable. If no appeal is filed, the previously withdrawn appeal will be restored.

 

 

 

 

 

7

Order after Appeal (if initial application rejected)

GST SPL-06

164(15)(b)(i)

Issued if the appellate authority allows the appeal.
* References the initial application form (SPL-01/SPL-02), rejection order (SPL-07), and appeal form (APL-01).
* Any false declarations will void the approval and may lead to recovery proceedings.

 

 

 

 

 

8

Undertaking for Restored Appeal (for withdrawn appeals)

GST APL-08

164(15)(b)(ii)

Required if an appeal was withdrawn to file for the waiver (applicable to applications under SPL-02).
* Applicant undertakes not to file an appeal against the rejection by the Appellate Authority.
* Undertaking must be submitted within three months of the order rejecting the appeal against GST SPL-07.

 

Payment of Tax: The taxpayer must pay the full amount of the tax demand.

Submission of Application: The taxpayer must submit an online application for the waiver within a specified timeframe.

Important Dates:

 

Payment Due Date: March 31, 2025

Application Deadline: June 30, 2025

 

Additional Notes:

1.    Please do cost benefit analysis even you are not wrong. Going for Litigation could be a cost and if that cost is lesser than the demand, I strongly suggest you to pay the demand and get the benefit of Amnesty scheme.

 

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