CBIC notifies SABKA VISHWAS (Legacy Dispute Resolution) Scheme Rules, 2019 with effect from 1st day of September, 2019

CBIC notifies SABKA VISHWAS (Legacy Dispute Resolution) Scheme Rules, 2019 with effect from 1st day of September, 2019

August 22, 2019 Fiscal, Industries, states 2

Central Board of Indirect Taxes and Customs (CBIC) has issued  Notification No. 05/2019 Central Excise-NT dated 21st August, 2019 to introduce Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019.

Key Points of the Notification are:

  • Every declarant shall be required to file declaration under section 125 electronically at https://cbic-gst.gov.in in Form SVLDRS-1 on or before the 31st day of December,2019.
  • Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019 shall come into force from the 1st day of September, 2019.
  • Every declarant shall be required to file separate declaration for each of the following case –

(a) a show cause notice, or one or more appeal arising out of such notice which is pending as on the 30th day of June, 2019; or

(b) an amount in arrears; or

(c) an enquiry or investigation or audit where the amount is quantified on or before the 30th day of June, 2019; or

(d) a voluntary disclosure.

  • An auto acknowledgement bearing a unique reference number shall be generated by the system on receipt of declaration.
  • The declaration made under the Scheme (except relating to 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.
  • The statement indicating the amount payable by the declarant shall be issued by the designated committee electronically within a period of 60 days from the date of receipt of declaration in Form SVLDRS-3. In case the amount payable by the designated committee is nil and also no appeal is pending in high court or supreme court then no such statement will be issued.
  • In case the amount estimated to be payable by the declarant exceeds the amount declared by the declarant, then, the designated committee shall issue electronically, within 30 days of receipt of the declaration in Form SVLDRS-2, an estimate of the amount payable by the declarant along with a notice of opportunity for personal hearing.
  • In case the declarant wants to indicate agreement or disagreement with the estimate or wants to make written submissions or waive personal hearing or seek an adjournment, he shall file electronically Form SVLDRS-2A indicating the same. If no such agreement or disagreement is indicated till the date of personal hearing and the declarant does not appear before the designated committee for personal hearing, the committee shall decide the matter based on available records.
  • On receipt of a request for an adjournment, the designated committee may grant the same electronically in Form SVLDRS-2B. In case the declarant does not appear before the designated committee for personal hearing after adjournment, the committee shall decide the matter based on available records.
  • Within 30 days of issue of Form SVLDRS-3, 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 motto by issuing electronically a revised Form SVLDRS-3.
  • Every declarant shall pay electronically the amount, as indicated in Form SVLDRS-3 issued by the designated committee, within 30 days from the date of its issue.

For further details please refer the attached document.

Source: Central Board of Indirect Taxes & Customs

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2 Comments

  1. KRISHNA N.CHAUBEY

    August 26, 2019
    Reply

    Thank you for sharing proper analysis. Please en-light on the issue, where appeal hearing was completed after June 2019 and commissioner appeal issued order with quantification in the month of august 2019.
    Now I want to opt SVLDRS 2019. Please let me know, i can file under said scheme ?

    • Lexplosion

      August 27, 2019
      Reply

      Please mail your query in details at inquiries@lexplosion.in

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