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WHAT IS FORM GST PMT-09 ?

Mar 06, 2026

Form GST PMT-09 is a facility provided by the GST portal that allows taxpayers to transfer the amount available in their Electronic Cash Ledger from one tax head to another tax head. This form helps taxpayers correct payments made under the wrong tax head or category while paying GST.

Earlier, if a taxpayer deposited tax under the wrong head, the amount could not be adjusted easily. With the introduction of GST PMT-09, taxpayers can reallocate the amount between different tax heads such as CGST, SGST, IGST, and Cess.

This form ensures that taxpayers can correct their mistakes without applying for refunds or making additional tax payments.


Key Features of Form GST PMT-09

  • Helps transfer balance within the Electronic Cash Ledger

  • Corrects payments made under the wrong tax head

  • Saves time by avoiding the refund process

  • Allows easy reallocation of tax amounts

  • Available online on the GST portal


Purpose of Form GST PMT-09

The main purpose of GST PMT-09 is to allow taxpayers to correct mistakes made while depositing GST. Sometimes taxpayers accidentally deposit tax under the wrong major or minor head. This form helps them transfer the balance to the correct head without paying the tax again.


Types of Transfer Allowed in GST PMT-09

Using Form GST PMT-09, taxpayers can transfer amounts between the following tax heads:

  • IGST to CGST

  • IGST to SGST

  • CGST to IGST

  • SGST to IGST

  • Transfer between tax, interest, penalty, and fee

However, the transfer is allowed only within the Electronic Cash Ledger, not the Electronic Credit Ledger.


Who Can Use Form GST PMT-09?

Any registered taxpayer under GST who has balance in the Electronic Cash Ledger can use Form GST PMT-09 to transfer funds between different tax heads.


When Should Form GST PMT-09 Be Used?

Taxpayers should use GST PMT-09 in situations such as:

  • Payment made under the wrong tax head

  • Incorrect classification of tax payment

  • Wrong allocation between tax, interest, penalty, or fee


How to File Form GST PMT-09?

The steps to file Form GST PMT-09 are:

  1. Login to the GST Portal

  2. Go to Services

  3. Click Ledgers

  4. Select Electronic Cash Ledger

  5. Choose File GST PMT-09

  6. Enter transfer details

  7. Submit the form using Digital Signature (DSC) or EVC


Benefits of GST PMT-09

  • Corrects tax payment mistakes easily

  • Saves time and effort

  • Eliminates the need for refund applications

  • Improves GST compliance

  • Provides flexibility in managing tax payments


Important Points About GST PMT-09

  • Transfer is allowed only within the Electronic Cash Ledger

  • It cannot be used for Input Tax Credit transfers

  • Once submitted, the transfer is processed immediately

  • No additional approval is required in most cases


How IndianSalahkar Can Help?

At IndianSalahkar, our GST experts help businesses with:

  • GST Registration

  • GST Return Filing

  • GST Compliance

  • GST Notice Handling

  • Correction of GST Payments using Form GST PMT-09

Our team ensures accurate GST filing and smooth compliance for businesses across India.

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SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME 2026 – FAQS

Mar 06, 2026

The Sabka Vishwas (Legacy Dispute Resolution) Scheme 2026 is an initiative by the Government of India to help taxpayers resolve pending disputes related to Service Tax and Central Excise from the pre-GST regime.

The scheme allows taxpayers to settle legacy tax cases by paying reduced tax dues while receiving relief from penalty, interest, and prosecution.

Below are the frequently asked questions about the Sabka Vishwas Scheme.


Frequently Asked Questions

1. Who is eligible to file a declaration under the Sabka Vishwas Scheme?

A person can file a declaration if they fall under the following categories:

  • A person with a Show Cause Notice (SCN) pending where the final hearing has not taken place before the specified cut-off date.

  • A person issued SCN for penalty or late fee only.

  • A person having recoverable tax arrears.

  • A person whose case is under investigation, enquiry, or audit where the duty involved has already been quantified.

  • A person who wants to make a voluntary disclosure of unpaid tax liabilities.


2. Which laws are covered under the Sabka Vishwas Scheme?

The scheme covers disputes arising under various indirect tax laws including:

  • Central Excise Act, 1944

  • Central Excise Tariff Act, 1985

  • Chapter V of the Finance Act, 1994 (Service Tax)

It may also apply to certain other indirect tax enactments notified by the Central Government.


3. Can a person apply if investigation or audit has started but tax dues are not quantified?

No. If the duty amount has not been quantified before the prescribed date, the person is not eligible to opt for the scheme.


4. Can a person apply for only some issues mentioned in a Show Cause Notice?

No. The declaration must cover the entire tax dues mentioned in the Show Cause Notice.


5. What relief is available when the SCN includes only penalty or late fee?

If the SCN includes only penalty or late fee, the scheme provides full waiver of such penalty or late fee.


6. Can a person apply if their appeal has already been heard?

No. If the final hearing has already taken place before the specified cut-off date, the person is not eligible for the scheme.


7. Can a person apply if an adjudication order was received earlier but appeal was filed later?

No. Such cases are generally not eligible under the Sabka Vishwas Scheme.


8. Is a convicted person eligible for the scheme?

No. A person convicted under any indirect tax law for the same matter cannot avail the benefits of the scheme.


9. Can a person apply if the SCN relates to erroneous refunds?

No. Cases involving erroneous refunds are not eligible under the scheme.


10. Can voluntary disclosure be made if investigation or audit is already ongoing?

No. Voluntary disclosure cannot be made if investigation, enquiry, or audit is pending for the same matter.


11. How can a taxpayer apply for the Sabka Vishwas Scheme?

Eligible taxpayers can file an electronic declaration through the official CBIC portal.


12. Will the applicant receive acknowledgement after filing the declaration?

Yes. After filing the declaration, the system generates an acknowledgement with a unique reference number.


13. How will the final decision be communicated?

The Designated Committee will verify the declaration and communicate the final decision electronically within the prescribed time.


14. What is the difference between Tax Dues and Tax Relief?

  • Tax Dues refer to the total outstanding tax demand.

  • Tax Relief refers to the concession provided by the scheme on the total tax demand.


15. What are the main benefits of the Sabka Vishwas Scheme?

The scheme offers several benefits including:

  • Complete waiver of interest and penalty

  • Immunity from prosecution

  • Reduction in tax dues

  • Faster resolution of legacy tax disputes


16. Will pre-deposit paid during appeals be adjusted?

Yes. Any pre-deposit or deposit paid during investigation or audit will be deducted while calculating the payable amount.


17. How will the declaration be verified?

The declaration will be verified by the Designated Committee based on the information provided by the declarant and the records available with the department.


18. Will the taxpayer be given an opportunity to be heard?

Yes. The declarant may be given an opportunity of being heard in case of any disagreement with the estimated payable amount.


19. What is the time limit for payment under the scheme?

The declarant must pay the amount determined by the Designated Committee within 30 days of the statement issued.


20. What happens to pending appeals after filing the declaration?

Appeals filed before appellate authorities may be deemed withdrawn once the declaration is filed and accepted.


21. Will a certificate be issued after payment?

Yes. After payment of the determined amount, the Designated Committee will issue a Discharge Certificate electronically.


22. Can errors in the payable statement be corrected?

Yes. Any clerical or calculation errors can be corrected within the specified period.


23. What is the benefit of the Discharge Certificate?

Once issued:

  • The taxpayer will not be required to pay any further tax, interest, or penalty for that matter.

  • The taxpayer receives immunity from prosecution.

  • The dispute will be considered fully settled.


24. Can input tax credit be claimed for payments made under the scheme?

No. Input tax credit cannot be claimed for payments made under the scheme.


25. Can payment be made through input tax credit?

No. Payments must be made in cash through the prescribed electronic mode.


26. Can a refund be claimed for payment made under the scheme?

No. Any amount paid under the scheme cannot be refunded.


27. What happens if the pre-deposit exceeds the payable amount?

The excess amount will not be refunded.


28. Does the scheme provide immunity for other tax matters?

No. Immunity is limited only to the matter and period mentioned in the declaration.


29. Can a new Show Cause Notice be issued after discharge certificate?

Yes. A new SCN may still be issued for:

  • A different matter, or

  • A different time period.


30. What happens if false voluntary disclosure is made?

If any information provided in the declaration is found to be false within one year, the declaration may be treated as invalid and legal proceedings may be initiated under the applicable tax laws.


IndianSalahkar Expert Support

At IndianSalahkar, we help businesses and taxpayers with:

  • Sabka Vishwas Scheme consultation

  • Legacy tax dispute resolution

  • Documentation and declaration filing

  • Settlement of Service Tax and Central Excise disputes

Our experts ensure smooth compliance and proper guidance throughout the process.

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FAQ ON SABKA VISHWAS SCHEME 2026

Mar 06, 2026

Sabka Vishwas Scheme FAQ: Everything You Need to Know

1. What is Sabka Vishwas Scheme?

Sabka Vishwas Scheme is an amnesty scheme introduced by the Government of India to resolve pending disputes related to Service Tax and Central Excise.

2. What is the purpose of Sabka Vishwas Scheme?

The main objective is to reduce pending litigation and allow taxpayers to settle old tax disputes with relief in penalty and interest.

3. Who is eligible for Sabka Vishwas Scheme?

Taxpayers having pending disputes, show cause notices, or unpaid tax dues under Service Tax or Central Excise laws are eligible.

4. Which taxes are covered under Sabka Vishwas Scheme?

The scheme mainly covers Service Tax and Central Excise disputes before the GST regime.

5. Can individuals apply for Sabka Vishwas Scheme?

Yes, individuals with eligible tax disputes can apply.

6. Can companies apply under Sabka Vishwas Scheme?

Yes, companies, firms, and LLPs with pending tax disputes can apply.

7. What are the main benefits of Sabka Vishwas Scheme?

The scheme offers relief in tax dues, waiver of penalty and interest, and settlement of long-pending disputes.

8. Does the scheme provide waiver of penalty?

Yes, in most cases penalty is completely waived.

9. Is interest also waived under the scheme?

Yes, interest is usually waived once the required tax amount is paid.

10. Can taxpayers with pending appeals apply?

Yes, taxpayers with pending appeals before appellate authorities or courts can apply.

11. What is a show cause notice under Sabka Vishwas Scheme?

A show cause notice is issued by the tax department asking the taxpayer to explain unpaid tax liabilities.

12. Can taxpayers with investigation cases apply?

Eligibility depends on the stage of investigation and scheme guidelines.

13. What is voluntary disclosure in Sabka Vishwas Scheme?

Voluntary disclosure allows taxpayers to declare previously unpaid taxes and settle them under the scheme.

14. How can taxpayers apply for Sabka Vishwas Scheme?

Taxpayers can apply online through the official government portal by submitting the declaration form.

15. Is the application process online?

Yes, the declaration process is completed online.

16. What is the declaration form in Sabka Vishwas Scheme?

The declaration form is a document submitted by taxpayers to declare their pending tax liabilities.

17. Who verifies the declaration?

The Designated Committee appointed by the tax department verifies the declaration.

18. What is the Designated Committee?

It is a committee responsible for reviewing declarations and determining the payable amount.

19. How is the payable amount calculated?

The payable amount is calculated based on tax dues and relief percentages provided under the scheme.

20. What happens after declaration submission?

The committee verifies the details and issues a statement showing the final payable amount.

21. What is a discharge certificate?

A discharge certificate confirms that the tax dispute has been fully settled.

22. Why is a discharge certificate important?

It protects taxpayers from future proceedings related to that tax dispute.

23. Can the amount paid under the scheme be refunded?

No, payments made under the scheme are not refundable.

24. Is partial payment allowed under Sabka Vishwas Scheme?

Generally, the full amount must be paid within the prescribed time.

25. What happens if payment is not made on time?

Failure to pay within the deadline may cancel the benefits of the scheme.

26. Does the scheme cover GST disputes?

No, the scheme mainly applies to disputes related to pre-GST taxes.

27. Can taxpayers track the application status?

Yes, the status can be checked through the official portal.

28. Is legal assistance required for filing?

Legal assistance is not mandatory but professional help can simplify the process.

29. Can tax consultants file applications on behalf of taxpayers?

Yes, authorized consultants can assist in filing the declaration.

30. Does the scheme reduce tax litigation?

Yes, the scheme is designed to reduce long-pending tax disputes.

31. Can partnership firms apply under this scheme?

Yes, partnership firms with eligible disputes can apply.

32. What type of disputes are covered?

Disputes related to tax dues, show cause notices, appeals, and audits may be covered.

33. Does the scheme provide immunity from prosecution?

Yes, after settlement taxpayers may receive immunity from prosecution.

34. Is Sabka Vishwas Scheme beneficial for small businesses?

Yes, it helps small businesses settle disputes with reduced financial burden.

35. Can multiple cases be settled under the scheme?

Yes, taxpayers can settle multiple disputes if they meet the eligibility criteria.

36. What is the deadline for applying under the scheme?

The government specifies the deadline for filing declarations.

37. What documents are required for application?

Documents such as tax demand notices, case details, and tax records may be required.

38. What happens if the declaration is rejected?

The taxpayer may continue the dispute resolution process under regular tax laws.

39. What is the objective of Sabka Vishwas Scheme?

The scheme aims to resolve legacy tax disputes and promote voluntary compliance.

40. How can IndianSalahkar help in Sabka Vishwas Scheme?

IndianSalahkar provides expert assistance in eligibility assessment, documentation, and filing the declaration to ensure smooth settlement of tax disputes.

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SERVICE TAX EXEMPTIONS FOR SSIS

Mar 06, 2026

The Service Tax Exemption for Small Scale Service Providers (SSIs) was introduced by the Government of India to provide relief to small businesses and service providers from the burden of service tax. Under this exemption, small service providers whose total taxable service value does not exceed the prescribed limit in a financial year are not required to pay service tax. The main objective of this exemption was to promote small businesses, startups, and individual service providers by reducing their tax compliance burden.


What is SSI Service Tax Exemption?

SSI Service Tax Exemption allows small service providers to operate without paying service tax if their aggregate value of taxable services remains within the exemption threshold limit during a financial year.

This exemption helps small businesses reduce tax liability and focus on expanding their services.


Eligibility for Service Tax Exemption 

A service provider can claim SSI exemption if the following conditions are satisfied:

  1. The total value of taxable services does not exceed ?10 lakh in a financial year.

  2. The service provider is not using the brand name of another company or organization.

  3. The exemption applies only to eligible taxable services.

  4. The service provider must comply with Service Tax rules and regulations.


Exemption Limit for SSI Service Providers

Under the SSI exemption scheme:

  1. Service providers are exempt from service tax if the aggregate value of taxable services is up to ?10 lakh in a financial year.

  2. Once the value exceeds the threshold limit, service tax becomes applicable on the amount exceeding the exemption limit.


Conditions to Claim SSI Service Tax Exemption

To claim the exemption, the following conditions must be fulfilled:

  1. The service provider should not exceed the specified turnover threshold.

  2. The exemption is available only for eligible services.

  3. Services provided under another brand name are not eligible for exemption.

  4. Proper records and documentation must be maintained.


Benefits of SSI Service Tax Exemption

The exemption provides several benefits to small service providers:

  1. Reduction in tax compliance burden

  2. Encouragement for small businesses and startups

  3. Lower operational costs

  4. Easier entry into the service industry

  5. Support for small entrepreneurs


When Does Service Tax Become Applicable?

Service tax becomes applicable when:

  1. The aggregate value of services exceeds ?10 lakh in a financial year.

  2. The service provider opts out of the SSI exemption scheme.

  3. The service provider uses another company's brand name.


Importance of SSI Service Tax Exemption

The SSI exemption scheme was introduced to support small service providers by allowing them to operate without immediate tax liability. It helped reduce compliance burden and encouraged entrepreneurship in the service sector.

Even though GST has replaced Service Tax, understanding SSI exemption remains important for legacy tax matters and dispute resolution cases.


How IndianSalahkar Can Help

At IndianSalahkar, our tax experts provide professional assistance with:

  1. Service Tax compliance and advisory

  2. Legacy tax dispute resolution

  3. GST registration and return filing

  4. Tax consultation for small businesses

Our experienced team ensures smooth compliance and reliable guidance for businesses across India.

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SERVICE TAX EXEMPTIONS FOR SSIS

Mar 15, 2019
On March 1, 2003 the government had released an exemption notification for the small scale industry (SSI) under the central excise law. It aims to provide certain relaxations to small scale industries. According to this ......
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SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME, 2019

Mar 16, 2019

On 5th July 2019, Finance Minister Nirmala Sitharaman announced a new amnesty scheme called ‘Sabka Viswas (Dispute Resolution) Scheme 2019.

FAQ about the scheme.

Q 1. Who is eligible to file a declaration under the SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME, 2019?

Ans. Any person falling under the following categories is eligible, subject to other conditions under the Scheme, to file a declaration:

(a) Who has a show-cause notice for duty or one or more appeals arising out of such notice pending and where the final hearing has not taken place as on 30.06.2019?

(b) Who has been issued a show-cause notice for penalty and late fee-only and where the final hearing has not taken place as on 30.06.2019.

(c) Who has recoverable arrears pending?

(d) Who has cases under investigation and audit where the duty involved has been quantified and communicated to a party or admitted by him in a statement on or before 30th June 2019.

(e) Who wants to make a voluntary disclosure.

Q 2. What are the acts covered under the Scheme?

Ans. This Scheme is applicable to the following enactments, namely:-

  • The Central Excise Act, 1944 or the Central Excise Tariff Act, 1985 or Chapter V of the Finance Act, 1994 and the rules made thereunder;
  • The following Acts, namely:-
  1. The Agricultural Produce Cess Act,1940;
  2. The Coffee Act, 1942;
  3. The Mica Mines Labour Welfare Fund Act, 1946;
  4. The Rubber Act, 1947;
  5. The Salt Cess Act, 1953;
  6. The Medicinal and Toilet Preparations (Excise Duties) Act, 1955;
  7. The Additional Duties of Excise (Goods of Special Importance) Act, 1957;
  8. The Mineral Products (Additional Duties of Excise and Customs) Act, 1958;
  9. The Sugar (Special Excise Duty) Act, 1959;
  10. The Textiles Committee Act, 1963;
  11. The Produce Cess Act, 1966;
  12. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972;
  13. The Coal Mines (Conservation and Development) Act, 1974;
  14. The Oil Industry (Development) Act, 1974;
  15. The Tobacco Cess Act, 1975;
  16. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976;
  17. The Bidi Workers Welfare Cess Act, 1976;
  18. The Additional Duties of Excise (Textiles and Textile Articles) Act, 1978;
  19. The Sugar Cess Act, 1982;
  20. The Jute Manufacturers Cess Act, 1983;
  21. The Agricultural and Processed Food Products Export Cess Act, 1985;
  22. The Spices Cess Act, 1986;
  23. The Finance Act, 2004;
  24. The Finance Act, 2007;
  25. The Finance Act, 2015;
  26. The Finance Act, 2016;
  • Any other Act, as the Central Government may, by notification in the Official Gazette, specify.

Q.3 If an enquiry or investigation or audit has started but the tax dues have not been quantified whether the person is eligible to opt for the scheme?

Ans. No. If an audit, enquiry or investigation has started, and the amount of duty payable has not been quantified on or before 30th June 2019, the person shall not be eligible to opt for the scheme.

Q.4 If an SCN covers multiple issues, whether the person can file an application under the scheme for only a few issues covered in the SCN?

Ans. No. A person has to file declaration for the entire amount of tax dues as per the SCN.

Q.5 What is the scope of tax relief covered under section 124(1) (b) with respect to SCN for late fee and penalty only where the amount of duty in the said notice has been paid or is nil?

Ans. The tax relief shall be the entire amount of late fee or penalty.

Q.6 I have filed an appeal before the appellate forum (Commissioner (Appeals) /CESTAT) and such appeal have been heard finally on or before the 30thday of June, 2019. Am I eligible for the scheme?

Ans. No, you are not eligible in view of section 125(1) (a) of the said Scheme.

Q.7 What is the scope under the scheme when adjudication order determining the duty/tax liability is passed and received prior to 30.06.2019, but the appeal is filed on or after 01.07.2019?

Ans. No, such a person shall not be eligible to file a declaration under the Scheme.

Q.8 I have been convicted for an offence punishable under a provision of the indirect tax enactment. Am I eligible for the Scheme?

Ans. A person who has been convicted for any offence punishable under any provision of the indirect tax enactment for the matter for which he intends to file a Declaration shall not be eligible to avail the benefits under the Scheme.

Q.9 I have been issued an SCN, under indirect tax enactment and the final hearing has taken place on or before the 30th day of June 2019. Am I eligible for the Scheme?

Ans. No, you are not eligible as per section 125(1) (c) of the Scheme.

Q.10 I have been issued a SCN under indirect tax enactment for an erroneous refund or refund. Am I eligible for the scheme?

Ans. No, you are not eligible as per section 125(1)(d) of the Scheme.

Q.11 I have been subjected to an enquiry or investigation or audit under indirect tax enactment and the amount of duty involved in the said enquiry or investigation or audit has not been quantified on or before the 30th day of June 2019. Am I eligible for the Scheme?

Ans. No, you are not eligible as per section 125(1) (e) of the Scheme.

Q.12 I have been subjected to an enquiry or investigation or audit under indirect tax enactment and I want to make a voluntary disclosure regarding the same. Am I eligible for the Scheme?

Ans. No, you are not eligible as per section 125(1) (f) (i) of the Scheme.

Q.13 I want to make a voluntary disclosure after having filed a return under the indirect tax enactment, wherein I have indicated an amount of duty as payable but the same has not been paid. Am I eligible for the Scheme?

Ans. You cannot make a voluntary disclosure in such a case. However, you can still file a Declaration under Section 125(1) (f)(ii).

Q.14 I have filed an application in the Settlement Commission for settlement of the case. Am I eligible for the Scheme?

Ans. No, you are not eligible to file a Declaration for a case for which you have filed an application in the Settlement Commission.

Q.15 I deal with the goods which are presently under Central Excise and is mentioned in the Fourth Schedule to the Central Excise Act, 1944. I want to make declarations with respect to those excisable goods. Am I eligible for the scheme?

Ans. No, you are not eligible to avail the benefits under the Scheme.

Q 16. How will I apply for the said scheme?

Ans. All such persons who are eligible under the Scheme will be required to file an electronic declaration at the portal https://cbic-gst.gov.in

Q 17 Will I get an acknowledgement for filing a declaration electronically?

Ans. Yes, on receipt of the declaration, an auto acknowledgement bearing a unique reference number will be generated by the system. This unique number will be useful for all future references. The declaration will automatically be routed to the designated committee that will finalize your case.

Q.18 How will I come to know about the final decision taken by the designated committee on my declaration?

Ans. Within sixty days of the filing of a declaration, you will be informed electronically about the final decision taken in the matter.

Q.19 What is the difference between ‘Tax Dues’ and ‘Tax Relief’?

Ans. ‘Tax Dues’ is the total outstanding duty demand. ‘Tax Relief’ is the concession the Scheme offers from the total outstanding duty demand.

Q.20 A SCN has been issued to me for an amount of duty of ? 1000 and an amount of penalty of ? In the Order in Original (OIO) the duty confirmed is of ? 1000 and an amount of ? 100 has been imposed as penalty. I have filed an appeal against this order before the Appellate Authority. What will be the tax dues for me?

Ans. The amount of duty which is being disputed is ? 1000 and hence the tax dues will be ? 1000.

Q.21 A SCN has been issued to me for an amount of duty of ? .1000 and an amount of penalty of ? In the OIO the duty confirmed is of ? 900 and penalty imposed is ? 90. I have filed an appeal against this order. The department has not filed any appeal in the matter. What would be the tax dues?

Ans. The amount of duty which is being disputed is ? 900 and hence the tax dues are ? 900.

Q.22 A SCN has been issued for an amount of duty of ? 1000 and an amount of penalty of ? In the OIO the duty confirmed is of ? 900 and penalty imposed is ? 90. I have filed an appeal against this order before the Appellate Authority. Further, Department has also filed an appeal before the Appellate Authority for an amount of duty of ? 100 and penalty of ? 10. What would be the tax dues?

Ans. The amount of duty which is being disputed is ? 900 plus ? 100 i.e. ? 1000 and hence tax dues are ? 1000.

Q.23 A SCN has been issued for an amount of duty of ? The Adjudicating Authority confirmed the duty of ? 1000. I have filed an appeal against this order. The first appellate authority Commissioner Appeals/CESTAT reduced the amount of duty to ? 900. I have filed a second appeal (before CESTAT/High Court. The department has not filed any appeal. What will be the tax dues for me?

Ans. The amount of duty which is being disputed is ? 900 and hence the tax dues are ? 900.

Q.24 I have been issued a SCN under any of the indirect tax enactment on or before the 30th June, 2019, what will be the tax dues?

As per section 123(b), the tax dues will be the amount of duty/tax/cess stated to be payable in the SCN.

Q.25 I have been issued a SCN, wherein other persons apart from me are jointly and severally liable for an amount, then, what would be the tax dues?

Ans. As per section 123(b), the amount indicated in the SCN as jointly and severally payable shall be taken to be the tax dues payable by you.

Q.26 What is the coverage of SCNs under the Scheme with respect to main noticee vis-à-vis co-noticee particularly when the tax amount is paid?

Ans. In case of a SCN issued to an assesse demanding duty and also proposing penal action against him as well as separate penal action against the co-noticee/s specified therein, if the main noticee has settled the tax dues, the co-noticee/s can opt for the scheme for the waiver of penalty.

Q.27 What is the scope of coverage of periodical SCNs under the scheme?

Ans. Any SCN whether main or periodical, issued and where the final hearing has not taken place on or before 30.06.2019 is eligible under the Scheme.

Q.28 What are the benefits available under the Scheme?

Ans. The various benefits available under the Scheme are:

Total waiver of interest, penalty and fine in all cases

Immunity from prosecution

In cases pending in adjudication or appeal, a relief of 70% from the duty demand if it is ? 50 Lakh or less and 50%, if it is more than ? 50 Lakh.The same relief is available for cases under investigation and audit where the duty involved is quantified on or before 30th June, 2019.

In case of an amount in arrears, the relief is 60% of the confirmed duty amount if the same is ? 50 Lakh or less and it is 40% in other cases.

In cases of voluntary disclosure, the declarant will have to pay full amount of disclosed duty.

Q.29 Shall the pre deposit paid at any stage of appellate proceedings and deposit paid during enquiry, investigation or audit be taken into account for calculating relief under the scheme?

Ans. Any amount paid as pre-deposit at any stage of appellate proceedings under the indirect tax enactment or as deposit during enquiry, investigation or audit, shall be deducted while issuing the statement indicating the amount payable by the declarant.

Q.30 How the declaration made by the declarant under the Scheme would be verified?

Ans. The declaration made under section 125 except when it relates to a case of voluntary disclosure of an amount of duty shall be verified by the Designated Committee based on the particulars furnished by the declarant as well as the records available with the department.

Q.31 Whether the declarant will be given an opportunity of being heard or not?

Ans. Yes, as per section 127(3), after the issue of the estimate under sub-section (2), the Designated Committee shall give an opportunity of being heard to the declarant, if he so desires, in case of a disagreement.

Q.32 What will be procedure and time period of payment to be made by the declarant?

Ans. The declarant shall pay electronically withina period of 30 days of the statement issued by the Designated Committee, the amount payable as indicated therein.

Q.33 What procedure will be followed for withdrawal of appeals where the person has filed a declaration under the Scheme?

Ans. Where the declarant has filed an appeal or reference or a reply to the SCN against any order or notice giving rise to the tax dues, before the appellate forum, other than the Supreme Court or the High Court, then, such appeal or reference or reply shall be deemed to have been withdrawn. In case of a writ petition or appeal or reference before any High Court or the Supreme Court, the declarant shall file an application before such High Court or the Supreme Court for withdrawing such writ petition, appeal or reference and after withdrawal of such writ petition, appeal or reference with the leave of the Court, he shall furnish proof of such withdrawal to the Designated Committee.

Q.34 Whether any certificate will be provided to declarant as proof to payment of dues?

Ans. Yes, on payment of the amount indicated in the statement and production of proof of withdrawal of appeal, wherever applicable, the Designated Committee shall issue a discharge certificate in electronic form, within 30 days of the said payment and production of proof, whichever is later.

Q.35 Whether a calculation error in the statement may be rectified or not?

Ans. Yes, within 30 days of the date of issue of a statement indicating the amount payable by the declarant, the Designated Committee may modify its order only to correct an arithmetical error or clerical error, which is apparent on the face of record, on such error being pointed out by the declarant or suo-motu.

Q.36 What will be the benefits of discharge certificate issued under the scheme?

Ans. Every discharge certificate issued under section 127 with respect to the amount payable under this Scheme shall be conclusive as to the matter and time period stated therein, and (a) 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; (b) the declarant shall not be liable to be prosecuted under the indirect tax enactment with respect to the matter and time period covered in the declaration; and (c) no matter and time period covered by such declaration shall be reopened in any other proceeding under the indirect tax enactment.

Q.37 Can I take input tax credit for any amount paid under the Scheme.

Ans. No.

Q.38 Can I pay any amount under the Scheme through the input tax credit account under the indirect tax enactment or any other Act?

Ans. No.

Q.39 Can I take a refund of an amount deposited under the Scheme?

Ans. No.

Q.40 In cases where pre-deposit or other deposit already paid exceeds the amount payable as indicated in the statement of the designated committee, the difference shall be refunded or not?

Ans. No, it shall not be refunded.

Q.41 Is there any benefit, concession or immunity on the declarant in any proceedings other than those in relation to the matter and time period to which the declaration has been made?

Ans. No, as per section 131, nothing contained in this Scheme shall be construed as conferring any benefit, concession or immunity on the declarant in any proceedings other than those in relation to the matter and time period to which the declaration has been made.

Q.42 Whether the discharge certificate under the scheme would serve as immunity against issuance of any further SCN (i) for the same matter for a subsequent time period; or (ii) for a different matter for the same time period?

Ans. No, as per section 129 (2)(b), the issue of the discharge certificate with respect to a matter for a time period shall not preclude the issue of a SCN,(i) for the same matter for a subsequent time period; or (ii) for a different matter for the same time period.

Q.43 What action would be taken against a declarant who makes false voluntary disclosure under the scheme?

Ans. As per section 129(c), in such cases of voluntary disclosure, where any material particular furnished in the declaration is subsequently found to be false, within a period of one year of issue of the discharge certificate, it shall be presumed as if the declaration was never made and proceedings under the applicable indirect tax enactment shall be instituted.

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