Benefit of 'Sabka Vishwas' Amnesty Scheme can be Availed Even After filing of Service Tax Return and Payment of full Tax: CBIC [Read Instruction]
![Benefit of Sabka Vishwas Amnesty Scheme can be Availed Even After filing of Service Tax Return and Payment of full Tax: CBIC [Read Instruction]](https://www.taxscan.in/wp-content/uploads/2022/10/Sabka-Vishwas-Amnesty-Scheme-Service-Tax-Return-Payment-Tax-CBIC-taxscan.jpeg "Benefit of Sabka Vishwas Amnesty Scheme can be Availed Even After filing of Service Tax Return and Payment of full Tax: CBIC [Read Instruction]")
The Central Board of Indirect Taxes and Customs (CBIC) has clarified that the taxpayers can avail the benefit of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 even in cases where the assessee has filed an ST-3 return on or before 30.6.2019 and has paid the tax dues in full before filing the application. The Board, in an instruction to the higher officials issued on 6th October...
The Central Board of Indirect Taxes and Customs (CBIC) has clarified that the taxpayers can avail the benefit of the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 even in cases where the assessee has filed an ST-3 return on or before 30.6.2019 and has paid the tax dues in full before filing the application. The Board, in an instruction to the higher officials issued on 6th October 2022, clarified that the declarant is eligible to avail the benefit of the scheme for a waiver of interest.
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 is an Amnesty-cum-Dispute Settlement Scheme, which provided a one-time opportunity for taxpayers to settle their tax dispute and avail of tax relief. The scheme was introduced to resolve all disputes relating to the erstwhile Service Tax and Central Excise Acts, which are now subsumed under GST, as well as 26 other Indirect Tax enactments.
The issue of whether the cases when the tax dues have been paid in full are eligible under SVLDRS, 2019 for waiver of interest or not, was brought before the High Court of Madhya Pradesh at Jabalpur in the case of M/s Sigma Construction Co. Vs. UOI & Ors wherein the Court has directed CBIC to dwell upon the question and issue a clarificatory circular/instruction so that ambiguity prevailing in the field can be removed.
“The matter has been examined by the Board. Kind attention is invited to clause (iii) of para 2 of the Circular 1073/06/2019-CX dated 29.10.2019, wherein it has already been clarified that in cases where the assessee has filed ST-3 return on or before 30.6.2019 and has paid the tax dues in full before filing the application, the declarant is eligible to avail the benefit of the scheme for a waiver of interest. This shall also include the cases where the interest has been demanded by an SCN/O-i-O,” the Board said.
To Read the full text of the Instruction CLICK HERE
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