Practical Guide to GST Amnesty
Book Details
CONTENTS
| Preface | iii |
| About the Authors | v |
| About Taxsutra | vii |
| Table of Cases | xi |
| CHAPTER 1 | � |
| Introduction to Amnesty Scheme under GST-2024 | � |
| Introduction | 1 |
| CHAPTER 2 | � |
| Applicability of Amnesty Scheme under Section 128A | � |
| A. Applicability | 4 |
| B. Cases covered under Section 128A(1)(a) (pending notices) | 7 |
| C. Cases covered under Section 128A(1)(b) (pending orders by First Appellate Authority or revisional authority) | 12 |
| D. Cases covered under Section 128A(1)(c) (pending orders by Second Appellate Authority) | 15 |
| E. Notice issued under Section 74 but re-determination of liability under Section 73 in accordance with Section 75(2) of CGST Act, 2017 | 17 |
| F. Departmental appeals | 17 |
| G. Time periods for which relief is applicable and reliefs available under this Amnesty Scheme | 18 |
| H. Not applicable for notices or orders involving erroneous refunds | 19 |
| I. SCN or order involving partial demand of erroneous refund and for other reasons | 19 |
| J. SCN or order involving partial demand for the period covered under the scheme and for period not covered under the scheme (2020-21) | 19 |
| K. SCN or order involving time barred ITC under Section 16(4) demands | 19 |
| L. Other issues | 20 |
| M. Common Areas for issuing notices | 31 |
| N. Frequently asked questions | 32 |
| CHAPTER 3 | � |
| Procedure and Conditions for Closure of Proceedings under Section 128A in Respect of Demands issued under Section 73 | � |
| A. Forms in which application to be filed [Rule 164(1) and (2)] | 45 |
| B. Documents that are required to be provided along with application [Rule 164(1), (2) and (7)] | 46 |
| C. Procedure for making payment under the scheme [Rule 164(1) and (2)] | 47 |
| D. Procedure to be followed in case of demands involving partially on account of erroneous refund and partially for other reasons | 48 |
| E. Procedure to be followed in case of demands involving partially on account of periods covered under the scheme and partially for the periods not covered under the Scheme: | 48 |
| F. The tax amount to be paid under the scheme, the due date of payment and time limit for filing application under the scheme | 49 |
| G. The authority to whom the application shall be filed | 52 |
| H. Procedure to be followed by proper officer after filing the application | 53 |
| I. Summary of forms | 55 |
| J. Frequently asked questions | 61 |
| CHAPTER 4 | � |
| Relevant Case Laws on Validity of Amnesty Schemes | 70 |
| CHAPTER 5 | � |
| Some Possible Measures to be taken up by Government (Revenue Department) to Avoid/Minimise the Disputes | 74 |
| CHAPTER 6 | � |
| Extracts of Statutory Provisions | 77 |
About the Author
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