Vivad se Vishwas Scheme, 2024 of Direct Tax: Simplifying Tax Disputes Resolutions

At Book My Accountant, we well understand the plight of taxpayers who cannot manage unresolved tax disputes. To reduce this concern, the Central Government has brought in the Direct Tax Vivad se Vishwas Scheme, 2024. The scheme aims to ease legal disputes by offering a direct tax solution for many struggling individuals. Let us take a closer look into this scheme and how it can help you.

What is the Direct Tax Vivad se Vishwas Scheme, 2024?

The Direct Tax Vivad se Vishwas Scheme, 2024 was enacted under section 99 of Finance Act, 2024, and is expected to come into effect from October 1, 2024. This scheme aims to expedite tax dispute resolution without burdening appellate authorities, benefiting taxpayers and the Income Tax Department.

Who Can Benefit From the Vivad se Vishwas Scheme?

This Scheme shall benefit :

An Appellant who files an appeal, writ petition or special leave petition.
A person against whom an appeal has been filed by the Income Tax Department.
Any one whose case is pending in the Supreme Court, High Court, ITAT or Commissioner (Appeals) as on July 22, 2024.

This applies to objections before the DRP under Section 144C of the Income Tax Act where directions remain pending as of July 22, 2024, or are incomplete.

Eligible Key Steps to Apply

Taxpayers must submit their relief claim under the Vivad se Vishwas Scheme via Form 1 on the Income Tax portal. On filing, the declaration would be verified by the designated authority. Upon confirmation, the designated authority calculates and informs the appellant of the amount due within 15 days via Form 2.

How is the Amount Payable Calculated?

Amount payable under the scheme will depend upon the following factors:

Disputed Tax Cases: If an appeal is made after January 31, 2020 and was pending as of July 22, 2024, then the taxpayer is liable to pay the disputed tax that will carry cess and surcharge. But if petitioning is done during or before January 31, 2020, then a penalty of 10% on the amount of the disputed tax will be levied. If the amount is not paid till December 31, 2024.
Disputed Interest, Penalty, or Fee: Appeals concerning disputed interest, penalty or fee shall start requiring from January 31, 2020 onwards to pay 25% of the amount in dispute. Appeals to the date filing January 31, 2020 shall request a payment of 35% of the amount in dispute and the deadline date will remain on December 31, 2024, and thereafter draw additional penalties.

If the appeal is filed by the Income Tax Department, it is 50% of the disputed amount that the person will have to pay.

Advantages of the Scheme:

Applying the Direct Tax Vivad se Vishwas Scheme, 2024 can significantly reduce your tax liability and help resolve pending tax issues effectively.

"According to experts- Ashish Chorasia, Taxation Head, S.K. Dhanania & Co. this is to be availed by individuals whose income is less than Rs 50 Lakhs with not much variation in the assessed income. This will have lower liabilities for eligible taxpayers under DTVSV 2024 compared to E-DRS."

Important Considerations

Amount paid under the scheme No refund Any amount paid under the scheme is non-refundable. However, if an excess payment has been made before filing Form 1, the excess amount (without interest) will be refunded. Appeals The following are not eligible for this scheme:

Search assessments
Cases wherein undeclared income/asset is abroad, or
Prosecution has started.

In the case that a statement was found to be false then, the declaration shall become invalid.

Conclusion: Why Opt for the Vivad se Vishwas Scheme, 2024 to Resolve Tax Disputes?

The Direct Tax Vivad se Vishwas Scheme, 2024 offers taxpayers a chance to resolve tax disputes at a lower cost. The Vivad se Vishwas Scheme resolves tax matters, offering relief from litigation, financial burdens, and providing peace of mind. Book My Accountant encourages eligible taxpayers to look into this opportunity and realize its benefits.

For more information and to schedule assistance in filing under the Direct Tax Vivad se Vishwas Scheme, 2024, call Book My Accountant today. Our experts will be here to guide you through the process and help you reach a smooth resolution of your tax disputes.

Disclaimer

This document is general information and is not intended to be advice or legal opinion on any matter. Readers should seek appropriate professional advice before acting on the basis of any information contained herein.

Home » Tax

Understanding the New Advisory on RCM Liability and ITC Statements: What Businesses Need to Know

India's GST regime has evolved, with new responsibilities in RCM and ITC tax returns per the latest GST Council advisory. This update is important especially for businesses that require to adhere to the changing GST laws.

What Is the Reverse Charge Mechanism (RCM)?

In reverse charge, the tax burden shifts from supplier to recipient. This is used when the supplier isn't GST registered or for goods/services under reverse charge.

Businesses must analyze transactions to determine RCM coverage per the new advisory. Non compliance attracts penalties and interest charges.

Filing RCM Liability in GSTR 3B

One of the significant components of the advisory is the proper disclosure of RCM liabilities in GSTR 3B return. The GSTR 3B is a return that has to be filed on a monthly basis by the businesses and in this the details of the tax liabilities and the ITC claimed in GSTR 3B.

Therefore, to remain compliant, all parties must accurately report the RCM liabilities in the GSTR 3B returns. This involves confirmation of the invoices and deciding whether the reverse charge applies. This is because, in the process of auditing, inaccurate or omitted entries can cause a lot of problems.

ITC Statement and ITC claimed in GSTR 3B ITC Statement and ITC claimed in GSTR 3B

Starting from August 2024, the authorities have introduced a new “RCM Liability/ITC Statement” to improve accuracy in reporting Reverse Charge Mechanism (RCM) transactions.

This statement will capture RCM liabilities from Table 3.1(d) of GSTR-3B and the related ITC from Tables 4A(2) and 4A(3) of GSTR-3B. Monthly filers must start using it from August 2024, while quarterly filers will begin from the July-September 2024 period.

Any discrepancies between RCM liabilities and claimed ITC should be corrected in this statement, reconciling opening balances up to July 2024 for monthly filers and Q1 FY 2024-25 for quarterly filers. The deadline for declaring and amending the opening balance is October 31, 2024, with three amendments accepted until November 30, 2024.

Why This Advisory Matters

This advisory is therefore a timely reminder for businesses to remain cautious in their approach to GST compliance. New RCM liabilities and the emphasis on accurate ITC tax statements indicate that the authorities want to increase accountability.

Businesses should check their current GST compliance, especially regarding the Reverse Charge Mechanism and the ITC declared in GSTR 3B. Consider regular GST audits or consulting experts to identify potential issues that could lead to complications.

How Book My Accountant Can Help

At Book My Accountant (BMA), we offer GST services where we help you with GSTR 3B filing, reverse charge mechanism, and ITC tax. Our team of professionals keeps abreast with all the current advisories so that your business does not fall foul of any of the GST regulations.

To know more about GSTR 3B filings, you may refer to our comprehensive article on the same here. To get updated with the latest GST updates, please visit the GST Council’s official website here.

Book My Accountant is your one-stop solution for all your GST requirements. Get in touch with us for professional help and make sure your business is always up to date.

Read more about
Understanding the New Form GSTR-1A: A Guide for Businesses
https://bookmyaccountant.com/understanding-the-new-form-gstr-1a-a-guide-for-businesses/

Strengthening the GST System: India's Second All-India Drive Against Fake GST Registrations

India’s GST is a key part of the tax system, aiming to unify indirect taxes effectively. However, some of the challenges have been fraudulent activities especially the abuse of GST registration. CBIC launched a drive to combat fake GST registrations, protect revenue, and fortify the GST system.

Identifying Fake GST Registrations

There are also fake GST registrations which are very dangerous since they affect the credibility of the GST system. The dishonest players get fake GST Identification Numbers (GSTINs) to commit tax fraud and falsely claim input tax credit. These actions impact the revenue and at the same time burden the honest taxpayers.

The CBIC, in consultation with the Directorate General of Analytics and Risk Management (DGARM), has a comprehensive strategy in place to track down and neutralize these fake GSTINs. New age data analytics and risk parameters identify suspicious GST numbers sent to tax departments for confirmation.

The Role of the GST Portal

The GST portal is very useful in registration as well as the monitoring of the whole process. You can use this channel to manage GST registration, check your application status, and access necessary tax details. Many fake registrations have been reported, resulting in strict verification procedures on the GST website. Tax officers are using the GST portal during this drive to verify GST numbers and registration compliance of genuine businesses.

Actions Against Fraudulent GSTINs

When fake GST registrations are identified, appropriate action is taken against them. Entities can be suspended or cancelled in their GST registration by the tax authorities if they are found to be committing fraud. They can suspend the input tax credit and reclaim any erroneously availed credit as well. Anyone who tries to misuse the GST system is immediately stopped.

Another essential part of this drive is the crackdown on the e-way bill system. Inter-state transportation requires the generation of the e-way bill through the GST portal, which is mandatory. From the analysis of e-way bills, tax authorities can also get additional information and prevent the abuse of GST registration.

Monitoring and Reporting

This drive must therefore have a sound monitoring and reporting system that can enhance its success. The GST Council Secretariat compiles weekly reports on identified tax evasion cases and activities leading to recoveries. An approach like this allows you to track progress and keep the drive from being deflected.

Special GST Drive Guidelines

Tax officers will visit registered businesses from August 16 to October 31, 2024, as part of a GST drive. Businesses are advised to take the following actions to ensure compliance:

Disclose all additional places of business.
Keep proper and updated records of all transactions, including purchase and sale invoices, consignment notes, and e-way bills.
Reconcile stock and cash balances regularly.
Maintain all bill books, vouchers, and documents in an organized manner.
Prominently display the GST registration certificate at every place of business, including godowns.
Complete bank authentication and KYC verification on the GST portal.
Place signboards properly at every location.

Conclusion

The second All-India drive against fake GST registrations is evidence of the Indian government’s seriousness towards maintaining a proper tax regime. This initiative proposes the use of the GST portal in protecting government revenue and the integrity of the GST system through data analytics. The government has called on business organizations to observe the GST laws by registering their GST number and other tax details. This drive is not merely to punish the offenders but also to build confidence in the Indian taxation system.

At Book My Accountant (BMA), we understand the complexities of the GST system and the importance of compliance. Experienced professionals on our team provide comprehensive GST consultancy services, ensuring that your business stays compliant with all regulations. From GST registration to ongoing compliance checks, BMA is your trusted partner in navigating the intricacies of the Indian tax system. Contact us today to learn how we can support your business in this crucial All-India drive against fake GST registrations.