TaxTMI 
TaxTMI 
TaxTMI 
GST Amnesty Scheme- Relief promised-challenges delivered?
Section 128A of the CGST Act, along with 𝐑𝐮𝐥𝐞 164 𝐚𝐧𝐝 𝐂𝐢𝐫𝐜𝐮𝐥𝐚𝐫 𝐍𝐨. 238/32/2024-𝐆𝐒𝐓 (𝐝𝐚𝐭𝐞𝐝 𝐎𝐜𝐭𝐨𝐛𝐞𝐫 15, 2024), aims to provide relief through waivers of interest and penalties.
But here's the catch:
⚠️ 𝐅𝐨𝐫𝐦𝐬 𝐒𝐏𝐋-01 𝐚𝐧𝐝 𝐒𝐏𝐋-02, essential for claiming the waiver, are 𝐧𝐨𝐭 𝐲𝐞𝐭 𝐥𝐢𝐯𝐞 on the GST portal. As per the latest 𝐆𝐒𝐓𝐍 𝐚𝐝𝐯𝐢𝐬𝐨𝐫𝐲, these forms will only be available by the 𝐟𝐢𝐫𝐬𝐭 𝐰𝐞𝐞𝐤 𝐨𝐟 𝐉𝐚𝐧𝐮𝐚𝐫𝐲 2025.
🚨 𝐖𝐡𝐚𝐭’𝐬 𝐭𝐡𝐞 𝐜𝐨𝐧𝐜𝐞𝐫𝐧?
The current provisions lack clarity on situations where:
👉 Orders have been passed.
👉 Appeals haven’t been filed.
👉 The deadline to file an appeal hasn’t expired as of 𝐍𝐨𝐯𝐞𝐦𝐛𝐞𝐫 1, 2024.
💡 𝐖𝐡𝐚𝐭’𝐬 𝐚𝐝𝐯𝐢𝐬𝐚𝐛𝐥𝐞?
✅ File an 𝐚𝐩𝐩𝐞𝐚𝐥 𝐰𝐢𝐭𝐡 𝐚 10% 𝐩𝐫𝐞-𝐝𝐞𝐩𝐨𝐬𝐢𝐭 now.
✅ Prepare to pay the balance when the forms go live.
✅ Seek waivers for interest and penalties after that.
Without filing an appeal, taxpayers could face 𝐫𝐞𝐜𝐨𝐯𝐞𝐫𝐲 𝐩𝐫𝐨𝐜𝐞𝐞𝐝𝐢𝐧𝐠𝐬, as there’s no automatic safeguard under the current framework.
🤔 𝐖𝐡𝐚𝐭’𝐬 𝐲𝐨𝐮𝐫 𝐯𝐢𝐞𝐰?
GST Amnesty Scheme- Relief promised-challenges delivered?
Pradeep Reddy Unnathi Partners
GST amnesty waiver process requires filing an appeal with pre-deposit now to preserve waiver eligibility. Section 128A with Rule 164 and Circular No. 238 provides for waiver of interest and penalties but required waiver application forms are delayed until early January 2025, creating uncertainty where orders exist or appeal periods remain open. To preserve waiver eligibility and avoid recovery proceedings taxpayers should file appeals now with a pre-deposit, pay outstanding balances when the forms go live, and then apply for interest and penalty waivers under the amnesty framework. (AI Summary)