Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 1074-2019-CX dated 12th December, 2019 to further clarify certain issues under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019.
Key Points of the Circular are:
- It has been clarified that the amount which is paid after issuance of show cause notice but before adjudication and which could not be appropriated due to pendency of adjudication proceedings then such deposits can be deducted/adjusted when issuing the statement indicating the amount payable by the declarant.
- It has also been clarified that ,any act or proceedings allowed to be done in any office on a certain day or within a prescribed period, and if the office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done if it is done on the next day afterwards on which the office is open.
- It has also been clarified that a separate declaration shall be filed for each case. In cases, where the audit report contains more than one paras then in such cases the option is available with the taxpayer to file separate declarations for each para or file a declaration for two or more paras together.
- It has been clarified that in cases where the show cause notice were issued on or after 01.07.2019 and such cases are also not covered under any of the categories such as an enquiry or investigation or audit and tax dues having not been quantified on or before 30.06.2019 then such cases become eligible under ‘arrears’ category depending the fulfilment of other conditions such appeal period being over or appeal having attained finality or the person giving an undertaking that he will not file any further appeal in the matter.
- CBIC has clarified that ‘matter’ under Section 129 of Finance Act, 2019 means a case for which the taxpayer intends to file a declaration under the Scheme. Therefore, in cases where a ‘return is filed and duty not paid‘ is considered as a separate matter and SCN issued demanding the differential duty for such case is a separate matter not covered under Section 129 which provides that a discharge certificate issued with respect to the amount payable under this scheme shall be conclusive as to matter and time period stated therein and the declarant shall not be liable to pay any further duty, interest or penalty with respect to the matter and time period covered in the declaration.
For further details please refer the attached document.