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In a significant move to ease the burden on GST-registered taxpayers, the Central Board of Indirect Taxes and Customs (CBIC) has introduced crucial amendments to the GST Amnesty Scheme under Section 128A of the CGST Act, 2017. These updates aim to simplify dispute resolution, reduce litigation, and provide clarity on payment procedures for tax demands. Effective from March 27, 2025, via Notification No. 11/2025-Central Tax, the amendments primarily impact Rule 164 of the CGST Rules. This article explores these changes in detail, highlighting how they offer relief to taxpayers and what steps businesses should take to benefit from the scheme.
One of the significant amendments allows taxpayers to partially withdraw appeals, enabling them to settle tax demands for the period covered by the amnesty scheme (July 1, 2017, to March 31, 2020) while continuing to contest demands for subsequent periods. This is particularly beneficial for those who face GST tax demands spanning multiple years, including periods outside the amnesty scope (e.g., FY 2020-21 and onwards).
The updated Rule 164(4) stipulates that taxpayers must make tax payments only for the period covered under the amnesty scheme to qualify for benefits. However, no refunds will be available for tax, interest, or penalties already paid before the amendment's effective date. This ensures that settled tax liabilities remain final and eliminates the possibility of refund claims for amounts already discharged.
In another welcome clarification, taxpayers who made GST payments through Form GSTR-3B before November 1, 2024, are now eligible for the amnesty scheme benefits. From November 1, 2024, onwards, payments must be made through prescribed modes as per Rule 164. This expansion enhances the scheme's scope, allowing more businesses to benefit.
The amendments are hailed as a progressive step toward reducing litigation related to GST disputes. By allowing partial withdrawal of appeals, taxpayers can address legacy GST issues more efficiently. This approach not only simplifies dispute resolution but also ensures that businesses are not unnecessarily burdened with prolonged legal battles.
The updated procedures streamline the application process for the GST Amnesty Scheme, making it easier for taxpayers to navigate and comply with the regulations. The clarity provided on payment procedures and eligibility criteria helps businesses assess their liabilities accurately.
Here are the key actions businesses should consider to utilize the updated GST Amnesty Scheme effectively:
In summary, the amendments to the GST Amnesty Scheme under Section 128A are designed to offer relief and clarity to taxpayers grappling with legacy GST disputes. By broadening the scheme's scope and simplifying procedures, the CBIC aims to reduce litigation and promote compliance. As the deadlines loom, businesses must act promptly to maximize the benefits of this revised scheme.
Given the March 31, 2025, deadline for payment and June 30, 2025, deadline for filing applications, taxpayers are urged to review their liabilities and take necessary steps. The reduction in procedural hurdles and the ability to address disputes more efficiently are expected to ease the compliance burden significantly.
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Tax experts appreciate the expanded scope and simplified processes of the GST Amnesty Scheme. "This clarification significantly broadens the scope of the government’s amnesty scheme, aligning with the objective of reducing litigation," noted Abhishek Jain, Indirect Tax Head & Partner at KPMG. Rajat Mohan, Senior Partner at AMRG & Associates, emphasized, "The updates allow relief even when only interest or penalties are under dispute, supporting the government’s objective of easing legacy GST disputes."