SABHKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME 2019
• What is Sabhka Vishwas Scheme
It is introduced to resolve all Past disputes relating to Service Tax and Central Exercise Tax, which are now subsumed under GST and other 26 Indirect tax enactments. The Scheme will be for the taxpayers who wish to close their pending disputes, with a substantial relief provided by the Government.
26 Indirect tax enactments to which Sabhka Vishwas scheme applies given at the end.
• From When it is Operational
The scheme has been notified by the CBIC to come into force on the 1st of September , 2019, and shall be operational until the 31st of December, 2019,However keeping in the view of responses from taxpayer ,Central Government has extended the due date till January 15th 2020.
• Who is eligible to file declaration under this schemed.
• Cases Excluded from Scheme
- 1. Cases relating to goods specified in the Fourth Schedule of Central excise act,1944(includes tobacco and & petroleum products).
- 2. Any person who has convicted any offence punishable under any provision of Indirect tax act enactment.
- 3. Cases involving erroneous refund
- 4. Cases pending before the settlement commission.
• Benefits and Relief available under the scheme
- 1. Total waiver of Interest and Penalty
- 2. Reduced tax/duty liability.
- 3. Immunity from Prosecution (Giving Exemption from prosecution)
- 1. Amount to be paid under this scheme shall not be paid through Input Tax Credit
- 2. Amount paid cannot be taken as Input Tax Credit.
- 3. If pre-deposit or any other deposit exceeds the amount payable as indicated by the designated committee, the excess amount shall not be refunded.
• Conditions for availing benefits
• How to file declaration under this Scheme
These are the acts to which this scheme applies: -
- (i)The Agricultural Produce Cess Act,1940
- (ii) The Coffee Act, 1942
- (iii) The Mica Mines Labor Welfare Fund Act, 1946;
- (iv) The Rubber Act, 1947;
- (v) The Salt Cess Act, 1953;
- (vi) The Medicinal and Toilet Preparations (Excise Duties) Act, 1955;
- (vii) The Additional Duties of Excise (Goods of Special Importance) Act, 1957;
- (viii) The Mineral Products (Additional Duties of Excise and Customs) Act, 1958;
- (ix) The Sugar (Special Excise Duty) Act, 1959;
- (x) The Textiles Committee Act, 1963;
- (xi) The Produce Cess Act, 1966;
- (xii) The Limestone and Dolomite Mines Labor Welfare Fund Act, 1972;
- (xiii) The Coal Mines (Conservation and Development) Act, 1974;
- (xiv) The Oil Industry (Development) Act, 1974;
- (xv) The Tobacco Cess Act, 1975;
- (xvi) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976;
- (xvii) The Bidi Workers Welfare Cess Act, 1976;
- (xviii) The Additional Duties of Excise (Textiles and Textile Articles) Act, 1978;
- (xix) The Sugar Cess Act, 1982;
- (xx) The Jute Manufacturers Cess Act, 1983;
- (xxi) The Agricultural and Processed Food Products Export Cess Act, 1985;
- (xxii) The Spices Cess Act, 1986;
- (xxiii) The Finance Act, 2004;
- (xxiv) The Finance Act, 2007;
- (xxv) The Finance Act, 2015;
- (xxvi) The Finance Act, 2016;
Disclaimer:"The information contained herein is only for informational purpose and should not be considered for any particular instance or individual or entity. We have obtained information from publicly available sources, there can be no guarantee that such information is accurate as of the date it is received or it will continue to be accurate in future. No one should act on such information without obtaining professional advice after thorough examination of particular situation."