CBDT issues clarification in respect of filling-up of the ITR forms for the Assessment Year 2019-20
Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 1071/4/2019-CX.8 dated 27th August, 2019 to clarify certain issues under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019.
Key Points of the Circular are:
- It has been clarified that declaration made under this scheme will not be a basis for assuming that declarant has admitted the position and no fresh show cause notice will be issued merely on that basis.
- It has been clarified that if a person has been issued a show cause notice for a refund/erroneous refund and at the same time, he also has other outstanding disputes which are covered under this Scheme, then he will be eligible to file a declaration(s) for the other case(s).
- It has been clarified that in case tax have been paid by utilising the input credit, and the matter is under dispute, then the tax already paid through input credit shall be adjusted by the Designated Committee at the time of determination of the final amount payable under the Scheme.
- It has been clarified in respect of show cause notice issued with respect to penalty and late fee matters, that provision applies to any show cause notice for penalty/late fee, irrespective of the fact that it is under adjudication or appeal. Moreover, there can be a show cause notice that originally also involved a duty demand, and the amount of duty in the said notice became ‘nil’ whether on account of the fact that same has been paid under this Scheme or otherwise.
- It has been clarified that all such cases which are outside the purview of the Settlement Commission shall be covered under the Scheme under the relevant category of adjudication or appeal or arrears as the case may be provided the eligibility is otherwise established under this Scheme. Further, any pending appeals, reference or writ petition filed against or any arrears emerging out of the orders of Settlement Commission are also eligible under the Scheme.
- It has been clarified that a declarant cannot opt to avail benefit of scheme in respect of selected matters if the show cause notice issued covers multiple matters. In other words, the declarant has to file a declaration as provided under Rule 3(2) of the Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019 for all the matters concerning duty liability covered under the show cause notice.
- It has been clarified that if the declarant does not pay the amount as indicated in the Statement issued by the Designated Committee within a period of thirty days then the declaration will be treated as lapsed.
For further details please refer the attached document.