GST Amnesty in Focus: Industry Perspectives on the Interim Budget 2024 Discussions

In the wake of recent GST demands, there's a call from the business community for an amnesty scheme in the upcoming interim budget. However, experts have differing views on this matter.

Last year, GST authorities sent notices totaling around Rs 1.45 lakh crore to 1,500 businesses, citing discrepancies in annual returns and input tax credits for the fiscal year 2017-18.

Experts predict that these notices could lead to legal battles, potentially clogging up the legal system.

An amnesty scheme is seen as beneficial because it could help the government generate revenue, save time spent on litigation, and send a positive signal to the industry.

Businesses have been expecting amnesty schemes, especially during the early years of GST implementation.

With the recent rise in legal disputes, partly due to uncertainties during the initial GST years, an amnesty scheme could play a vital role in reducing unnecessary litigation and fostering a more business-friendly environment in India.

Tax expert Manoj Kastiya suggests that the government should offer amnesty in cases where tax demands stem from clerical errors rather than deliberate tax evasion during the early GST phase. He proposes a scheme similar to pre-GST times, offering relief in GST tax liability without interest and penalties.

However, there are concerns about setting a precedent with amnesty schemes, potentially affecting long-term compliance attitudes.

The current lack of extensive jurisprudence in GST law has led to numerous litigations centered on interpretation issues, with the legitimacy of provisions often under scrutiny or awaiting resolution in courts.

If an amnesty scheme were introduced now, taxpayers might opt to resolve notices related to procedural matters rather than seeking clarity on legal interpretation from courts and tribunals, especially since the GST appellate tribunal is not yet operational.

Introducing a one-time settlement scheme might be premature; it would be more appropriate to announce such measures once there is more established jurisprudence on various legal aspects.