Introduction
The GST in India has witnessed a recent development with the introduction of an Amnesty Scheme through Notification No. 53/2023–CENTRAL TAX, dated 2nd November 2023.
This significant move by the GST Department aims to provide relief to taxable persons who were unable to file an appeal against orders passed by the proper officer under section 73 or 74 of the Central Goods and Services Tax Act, 2017.
In this blog post, we delve into the key provisions of the notification, shedding light on the special procedure for filing appeals, conditions to be fulfilled, and other important aspects.
What is the Amnesty Scheme under GST?
An amnesty scheme in taxation presents a distinctive opportunity for taxpayers to rectify inaccuracies or address missed deadlines. This initiative offers a temporary respite, enabling both individuals and businesses to rectify compliance issues voluntarily. The current initiative by the CBIC, effective until March 31, 2023, allows taxpayers to file appeals against demand orders, even if the original deadline has lapsed. The primary objective of this scheme is to foster voluntary compliance and extend relief to those confronted with time-barred issues. In this blog, we will take a comprehensive analysis of the Amnesty Scheme.
Amnesty Scheme Provisions:
Eligibility Criteria:
The notification identifies a specific class of taxable persons who couldn’t file an appeal on or before 31st March 2023 or whose appeal was rejected solely due to a delay in filing.
Special Procedure for Filing Appeals:
The eligible person is required to file an appeal against the impugned order using FORM GST APL-01, adhering to the provisions of section 107 of the said Act. The deadline for filing such appeals is set for the 31st day of January 2024. Notably, appeals pending before the Appellate Authority before the issuance of this notification are deemed to be in accordance with the new scheme.
Payment Conditions:
To initiate the appeal process, the appellant must meet specific payment conditions. This includes paying in full the admitted amount of tax, interest, fine, fee, and penalty arising from the impugned order. Additionally, a sum equal to twelve and a half percent (12.5%) of the remaining disputed tax amount must be paid, subject to a maximum of twenty-five crore rupees. Importantly, at least twenty percent (20%) of this sum should be paid by debiting from the Electronic Cash Ledger.
Refund Restrictions:
No refund shall be granted until the disposal of the appeal for any amount paid by the appellant, either voluntarily or on the directions of any authority or court, exceeding the specified amount in para 3 of the notification.
Admissibility of Appeals:
The Amnesty Scheme applies only to appeals involving tax demands and does not cover appeals related to non-tax matters.
In conclusion, the GST Amnesty Scheme 2023 presents a strategic opportunity for eligible taxable entities to address appeal-related issues and seek resolution through a streamlined process. Recognizing the nuances of the notification and adhering to its stipulations will be paramount for those intending to leverage the benefits it affords.
At PKC Management Consultancy, we stand ready to assist you in navigating and resolving your concerns. With over 30 years of experience and expertise in taxation matters, we are well-positioned to guide you through the complexities of the Amnesty Scheme, ensuring a seamless and effective resolution to your compliance issues. Partner with us to capitalize on our proven track record and extensive knowledge as we work together toward your financial success and regulatory compliance.
Frequently Asked Questions (FAQs)
Who is eligible to benefit from the GST Amnesty Scheme?
The scheme is applicable to taxable persons who could not file an appeal against the order passed by the proper officer on or before 31st March 2023 or whose appeal was rejected solely due to a delay in filing.
What is the deadline for filing appeals under the Amnesty Scheme?
Appeals must be filed on or before the 31st day of January 2024.
Are there any conditions for making payments under the scheme?
Yes, the appellant must pay the admitted amount of tax, interest, fine, fee, and penalty in full. Additionally, a specified percentage of the remaining disputed tax amount must be paid, with a minimum of twenty percent from the Electronic Cash Ledger.
Can a refund be claimed under the scheme?
No refund will be granted until the disposal of the appeal for any amount paid in excess of the specified amount mentioned in para 3 of the notification.
Does the scheme cover appeals related to non-tax matters?
No, the scheme is not admissible for appeals that do not involve tax demands.
Author
Anbu K
