Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 1073/6/2019-CX dated 29th October, 2019 to further clarify certain issues under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019.
Key Points of the Circular are:
- CBIC has clarified that if the taxpayer does not comply with the payment of final tax dues on the basis of the Final Audit report(FAR) issued then Show Cause Notice (SCN) is issued and till such time an audit does not culminate in a Show Cause Notice, it is treated as pending. Therefore, cases where Final Audit Report (FAR) has been issued on or before 30th June 2019, then also tax payers are eligible for relief under SVLDRS as the tax demand has been quantified before such date.
- CBIC has clarified that no verification will be carried out during voluntary disclosure and such declarations may be accepted without recourse to determination of eligibility as the Scheme provides ample safeguards for taking suitable action in case of false declaration of any material particular.
- CBIC has reclarified against the clarification made in the earlier Circular issued (i.e. Circular No. 1072/05/2019-CX dated 25.09.2019) that a person can file a single declaration for more than one such return also for the sake of administrative convenience. Earlier it was clarified that that a separate declaration will need to be filed for each return filed, on or before 30.06.2019 but duty not paid.
- CBIC has clarified that that the cases where appeals were filed after 30.06.2019 should also be allowed relief under the Scheme if a taxpayer withdraws the appeal and furnishes the undertaking to the department in writing that he will not file an appeal.
For further details please refer the attached document.