Hello Auditor

Can VAT disputes still be settled under state tax settlement schemes?

Purpose and Scope of VAT Settlement Schemes

  • Settlement schemes are offered by state governments to resolve pending VAT disputes, assessments, and appeals
  • They aim to reduce litigation, clear backlogs, and help both taxpayers and the state to conclude old cases
  • These schemes typically allow dealers to pay reduced penalties or interest, or settle on a lump sum basis
  • Applicable for disputed demands, including tax, interest, and penalties from pre-GST VAT periods
  • Settlement schemes are usually time-bound and launched through government notifications or circulars

Eligibility for Settlement Under VAT Schemes

  • Open to registered dealers with pending VAT appeals, assessments, or recovery proceedings
  • Applicable for both assessed and reassessed cases, whether tax was partially or fully paid
  • Even cases involving penalty notices, audit objections, or revision orders may be included
  • Some schemes cover disputes pending before appellate authorities or in courts
  • Ineligible cases may include fraud, suppression of turnover, or willful evasion, depending on the scheme

Procedure for Applying Under Settlement Scheme

  • Application must be filed in prescribed form (often online) with details of dispute and tax period
  • Dealers must pay the prescribed percentage of tax, along with reduced interest or penalty if applicable
  • Proof of return filing, challans, and dispute details must accompany the application
  • On successful submission and payment, the department issues a settlement certificate
  • Once settled, the case is considered closed with no further proceedings on the same issue

Benefits of Opting for a VAT Settlement Scheme

  • Offers quick resolution of long-pending tax cases, reducing litigation burden
  • Provides relief in terms of waiver or reduction of penalties and interest
  • Saves time and legal costs compared to full-fledged appeal proceedings
  • Helps businesses to regularize their compliance status and avoid enforcement actions
  • Provides finality—once settled, the department cannot reopen the same dispute

Examples and State-Specific Initiatives

  • States like Maharashtra, Tamil Nadu, Karnataka, Gujarat, and West Bengal have run VAT settlement or amnesty schemes
  • These schemes are typically titled as ‘Dispute Resolution Scheme’, ‘Amnesty Scheme’, or ‘Samadhan Yojana’
  • Timeframes and concessions vary—some offer 100% penalty waiver, others provide graded relief
  • State tax websites and commercial tax offices provide notifications, FAQs, and application portals
  • It’s important to consult with a local VAT practitioner or tax advisor for eligibility and documentation

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