Waiver Scheme Under Section 128A of the CGST Act, 2017 (Amnesty Scheme)

Form Name

Details

Time Limit

SPL-01

Application- Notices/ Statements are issued under Section 73, but no final order has been passed.

Full tax payment must be made via GST DRC-03 before filing. The notice pertains to FY 2017-18, 2018-19, or 2019-20.

within 3 months from the notified date (31.03.2025).

SPL-02

Application - Demand orders under Section 73 have been issued, but no revision orders under Sections 107(1) or 108(1) have been passed, or when appellate orders have been passed, but the case is pending in the Tribunal (Section 112) or High Court (Section 113).

Full tax payment must be made via GST DRC-03 before filing. The notice pertains to FY 2017-18, 2018-19, or 2019-20

File within 3 months from the notified date (31.03.2025), or within 6 months in case of redetermination.

SPL-03

Notice Issued by the officer to notify the taxpayer that the waiver application (SPL-01 or SPL-02) is liable to be rejected.

Issued within 3 months of receiving the application.

SPL-04

Notice Reply - Filed by the taxpayer to respond to SPL-03 and address issues raised.

Must be filed within 1 month of receiving SPL-03.

SPL-05

Order - Issued by the officer to approve the waiver application (SPL-01 or SPL-02).

SPL-05 must be issued within 3 months if SPL-03 is not issued, or within 3 to 4 months after receiving SPL-04.

If no order is passed within the prescribed time, the application is deemed approved (Rule 164).

SPL-07

Rejection Order - Issued by the officer to reject the waiver application.

The taxpayer can appeal against SPL-07 if they believe the rejection is wrongful.

SPL-06

Order Issued by the appellate authority to approve the waiver after an appeal against SPL-07 rejection.

The appellate authority must issue SPL-06 if the waiver application is found valid after review of SPL-07.

SPL-08

Undertaking submitted under rule 164(15)(b)(ii)

Filed to restore the original appeal after waiver rejection under SPL-07.

SPL-08 must be filed within 3 months of the appellate authority’s order, with an undertaking provided on the GST portal.

Points to be remember

1.            Relevant demand should pertain to tax period FY 17-18, 18-19 or 19-20 or part thereof

2.            Only demands raised under section 73 are eligible to waive interest or penalty.

3.            Mandatory payment of full amount of tax payable before notified date.

4.            Mandatory unconditional withdrawal of pending appeal.

5.            The waiver does not cover demand of erroneous refunds.