ELIGIBILITY/INELIGIBILITY UNDER SVLDRS, 2019
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
CATEGORY OF APPLICATION
> Litigation
i. SCN involving Duty along with Interest/ Late fee/ penalty (if any) – 124(1)(a)
Case I SCN Received before 30 June 2019; Final Hearing has not taken place as on 30 June 2019
ELIGIBLE. Relief U/s 124(1)(a)
Tax – 70%/ 50% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case II SCN Received before 30 June 2019; Final Hearing has taken place before 30 June 2019; OIO- Pending/Reserved
INELIGIBLE. As per Section 125(1)(c)
However such SCN might become eligible later when OIO is passed by the adjudicating authority and time limit for filling appeal has expired before 31 Dec 2019. Such a declaration will be made under Amount in Arrears category. Thus where final hearing has taken place and OIO is issued by the Adjudicating Authority by 30 Oct 2019, assesse will be eligible to file claim for relief under Arrears Category Section 124(1)(c).
There are various cases in which hearing is completed however order is not issued. This is so in spite of specific instruction by CBIC vide Para 14.10 of Master Circular No.- 1053/02/2017-CX Dated 10.03.2017 which reproduced here under:
“14.10 Issue and Communication of Order: In all cases where personal hearing has been concluded, it is necessary to communicate the decision as expeditiously as possible but not later than one month in any case , barring in exceptional circumstances to be recorded in file.”
Case III SCN Received before 30 June 2019; Final Hearing has taken place as on 30 June 2019; OIO- Passed
INELIGIBLE for Relief under section 124(1)(a) category. However relief can be claimed under Amount in Arrears category ELIGIBLE. Relief U/s 124(1)(c) as amount in arrears after time limit for filling appeal has expired.
Tax – 60%/ 40% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case IV SCN Received after 30 June 2019
INELIGIBLE. As per Section 124(1)(a)
Case V SCN Received before 30 June 2019 for an erroneous refund or refund
INELIGIBLE. As Per Section 125(1)(d)
ii. SCN involving Late fee/ penalty only – 124(1)(b)
Case I SCN Received before 30 June 2019; Amount of Duty: NIL; Interest: Nil; Late Fees/ Penalty: Yes
ELIGIBLE. Relief U/s 124(1)(b)
Tax – NA
Interest – NA
Penalty – 100% Waiver
Case II SCN Received before 30 June 2019; Amount of Duty: Yes but paid; Interest: Nil; Late Fees/ Penalty: Yes
ELIGIBLE. Relief U/s 124(1)(b)
Tax – NA
Interest – NA
Penalty – 100% Waiver
Case III SCN Received after 30 June 2019; Amount of Duty: Yes but paid; Interest: Nil; Late Fees/ Penalty: Yes
INELIGIBLE. As per Section 123(b)
- If SCN covers multiple issues, a person has to file declaration for entire amount of tax dues as per SCN.
- Declaration or computation of tax relief for each SCN has to be made separately as each SCN is treated as separate case under the scheme.
iii. Appeal pending as on 30 June 2019 – 124(1)(a)
Case I Appeal Pending as on 30 June 2019; Final Hearing Not Held before 30 June 2019
ELIGIBLE Relief U/s 124(1)(a)
Tax – 70%/ 50% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case II Appeal Pending as on 30 June 2019; Final Hearing held before 30 June 2019; OIA Not Passed
INELIGIBLE As Per Section 125(1)(a)
However such cases will be eligible later under ‘Amount in Arrears’ category if OIA is passed before 31 Dec 2019. It is pertinent to note that for the purpose of Section 121(c)(ii) no cut off date is specified. However assesse has to declare to Assessing authority, to treat the OIA as final and he would not dispute the same, to fall under section 121(c)(ii).
Case III Appeal Pending as on 30 June 2019; Final Hearing held before 30 June 2019; OIA Passed; Again Appeal filed
ELIGIBLE Relief U/s 124(1)(a)
Eligible, if appeal before next appellate authority is pending on or before 30 June 2019. However if appeal has been filled on or after 1 July 2019 then, in order to opt the scheme the assesse has to withdraw the appeal so that the impugned OIA attains finality. In such scenario this case would fall in amount in arrears category [Sec 124(1)(c)].
> Amount in Arrears
iv. Appeal Not Filed or having filled attained finality- 124(1)(c)
Case I SCN Received before 30 June 2019; OIO- Passed; Time Limit of Filling Appeal Expired before 30 June 2019
ELIGIBLE. Relief U/s 124(1)(c)
Tax – 60%/ 40% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case II SCN Received before 30 June 2019; OIO- Passed; Time Limit of Filling Appeal Expired after 30 June 2019
ELIGIBLE. Relief U/s 124(1)(c) as amount in arrears after time limit for filling appeal has expired.
Tax – 60%/ 40% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case III Appeal filled before 30 June 2019; OIA Passed; Time Limit of Filling Appeal Not Expired
ELIGIBLE Relief U/s 124(1)(c)
Eligible, if the impugned OIA attains finality [Sec 121(c)(ii)]. In order to opt the scheme the assesse has to declare to Assessing authority, to treat the OIA as final and he would not dispute the same.
Tax – 60%/ 40% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
v. Tax Dues declared in Return- 124(1)(c)
Case I Return Filled before 30 June 2019; Tax declared in return as payable but not paid
ELIGIBLE. Relief U/s 124(1)(c)
Tax – 60%/ 40% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case II Return Filled after 30 June 2019; Tax declared in return as payable but not paid
INELIGIBLE. As per Section 125(1)(f)(ii)
> Investigation, audit or Enquiry
Case I Investigation, audit or Inquiry initiated pending; Amount of Duty quantified before 30 June 2019
ELIGIBLE. Relief U/s 124(1)(d)
Tax – 70%/ 50% of Tax Dues as the case may be;
Interest – 100% waiver
Penalty – 100% Waiver
Case II Investigation, audit or Inquiry initiated pending; Amount of Duty quantified after 30 June 2019
INELIGIBLE. As per Section 125(1)(e)
However such cases might become eligible later when OIO is passed by the adjudicating authority and time limit for filling appeal has expires before 31 Dec 2019. Such a declaration will be made under Amount in Arrears category. Thus where OIO is issued by the Adjudicating Authority by 30 Oct 2019, assesse will be eligible to file claim for relief under Arrears Category Section 124(1)(c).
- Dispute Resolution and amnesty are two components of this scheme.
- In case of voluntary disclosure of duty not paid, the full amount of disclosed duty would have to be paid.
- There will be full waiver of interest and penalty under all the eligible categories of the scheme.
- A declaration under this scheme will not be a basis for assuming that the declarant has admitted the position and no fresh SCN will be issued merely on that basis.
- If the declarant does not pay the amount within the stipulated time, the declaration will be treated as lapsed.
SCN- Show Cause Notice
OIO- Order in Original
OIA- Order in Appeal- an order passed by an appellate forum with respect to an appeal filed before it.
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