Background:
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (“SVLDRS”) is an Amnesty-cum-Dispute Settlement Scheme, which provide one time opportunity to tax-payers to settle the tax dispute and avail tax relief. The major issue that whether the cases where total tax dues have been paid are eligible under the scheme for waiver of interest was raised in M/s Sigma Construction Co. v. UOI & Ors (W.P No. 16411/2021 dated August 08, 2022) wherein the Hon’ble High Court, Madhya Pradesh directed CBIC to issue a clarificatory instruction so that the ambiguity can be removed.
Clarification:
The CBIC vide Instruction F. No. CBIC 110267/75/2022-CX-VIII SECTION CBEC dated October 06, 2022 clarified the issue by referring to clause (iii) of para 2 of the Circular 1073/06/2019-CX dated October 29, 2019, where it is already been clarified that in cases where the assessee has filed ST-3 return on or before June 30, 2019 and has paid the tax dues in full before filing the application, the declarant is eligible to avail the benefit of the scheme for waiver of interest. This shall also include the cases where the interest has been demanded by an SCN/OIO.
The Instruction can be accessed at: https://taxinformation.cbic.gov.in/view-pdf/1000444/ENG/Instructions
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