GSTN Issued Advisory and Process of Filing of Form GST SLP-02 for Claiming Waiver Under Section 128A

Advisory on Filing Form GST SLP-02 for Waiver Under Section 128A

As recommended by the GST Council at its 53rd meeting, Section 128A of the CGST Act was introduced to offer relief to taxpayers from interest or penalties related to notices issued under section 73 of the CGST Act for the financial years 2017-18, 2018-19, and 2019-20. To avail of this relief, taxpayers must remit the corresponding tax amount by 31st March 2025 and submit Form GST SLP-01 or GST SLP-02 within three months from the notified date (31st March 2025).

Recent Developments

The Goods and Services Tax Network (GSTN) has activated Form GST SLP-02 on the GST portal and provided a comprehensive advisory on how to file this form. The availability of Form GST SLP-01 on the GST portal will follow shortly.

Key Points of the Advisory

1. Implementation of Section 128A
   • Section 128A provisions became effective on 1st November 2024.
   • Rule 164 of the CGST Rules, 2017 was updated via Notification No. 20/2024 on 8th October 2024.
2. Application Process for Waiver
   • For notices or orders issued under Section 73 for FY 2017-18, 2018-19, and 2019-20, taxpayers must file an application in Form GST SLP-01 or Form GST SLP-02 on the GST portal within three months of the notified date, i.e., by 31st March 2025.
   • Form GST SLP-02 has been available since 29th December 2024, while Form GST SLP-01 is still pending release.
3. Tax Payment Procedure
   • Taxpayers must settle the tax amount indicated in the notice, statement, or order under Section 73 by 31st March 2025 to qualify for waiver benefits.
   • Payment Methods:
     • If a demand order is issued: Use the “Payment towards Demand” facility accessible after logging into the GST portal.
     • If a notice is issued: Use Form GST DRC-03 for payment.
4. Linking Payments for Compliance
   • If the tax has already been paid through Form GST DRC-03 for any demand order, it must be linked to the respective demand order using Form GST DRC-03A, now available on the GST portal.

Benefits of Filing Form GST SLP-02

• Waiver of Interest and Penalties: Alleviates financial burden by waiving additional charges related to past notices.
• Compliance with Legal Requirements: Ensures adherence to updated GST regulations.
• Streamlined Process: Simplifies the procedure for seeking relief by providing clear steps and multiple payment options.

Key Takeaways

To harness the benefits of the waiver scheme under Section 128A:

• Settle the applicable tax amount by 31st March 2025.
• File the relevant form (GST SLP-01 or GST SLP-02) within three months of the notified date.
• Utilize the “Payment towards Demand” facility or Form GST DRC-03 for tax payments.
• Link past payments with demand orders using Form GST DRC-03A if necessary.

Advisory on Filing Form GST SLP-02 for Waiver Under Section 128A

Estabizz Fintech Private Limited continues to guide businesses through the intricacies of financial compliance, ensuring you remain on track to meet regulatory requirements and achieve your growth objectives. Here, we delve deeper into the practical aspects of filing Form GST SLP-02 for claiming waivers under Section 128A.

Detailed Process of Filing Form GST SLP-02

Understanding and following the prescribed steps meticulously will greatly enhance your compliance efficiency and eligibility for waiver benefits. Below, we provide a step-by-step guide:

Steps for Filing Form GST SLP-02

1. Login to GST Portal:
   • Access the GST portal using your credentials.
   • Navigate to the ‘Services’ section and select ‘User Services’.
2. Initiate Filing:
   • In the User Services menu, locate and click on ‘Form GST SLP-02’.
   • Carefully read the instructions provided on the initial page before proceeding.
3. Provide Relevant Details:
   • Enter the details as required, including but not limited to:
     • Taxpayer’s GSTIN
     • Notice/order details pertaining to the financial years 2017-18, 2018-19, and 2019-20.
     • Tax amount you have paid (as per the notice, statement, or order received under Section 73)
     • Payment reference numbers and related information.
4. Upload Supporting Documents:
   • Ensure that you upload any necessary supporting documents, proofs of payment, and declarations as required by the form.
5. Review and Submit:
   • Review all the entered details for accuracy.
   • Click on ‘Submit’ to lodge your application for the waiver.
6. Acknowledgement Receipt:
   • After submission, you will receive an acknowledgement receipt. Keep this for your records and any future correspondence related to the waiver claim.

Ensuring Compliance with Payment:

• Make Timely Payments:
  • Ensure that the tax amount indicated in the notice or order is paid no later than 31st March 2025 to qualify for the waiver.
• Use Correct Forms and Facilities:
  • Use the ‘Payment towards Demand’ facility for demand orders.
  • Use Form GST DRC-03 for notices, and link any historical DRC-03 payments to demand orders via Form GST DRC-03A.

Potential Challenges and Mitigation:

• Technical Issues:
  • Should you encounter any technical difficulties while filing or making payments, contact the GST portal helpdesk immediately.
• Documentation and Record-Keeping:
  • Maintain comprehensive records of all transactions, submissions, and correspondences to ensure swift resolution of any issues that may arise.

Key Takeaways

• Pay your tax dues by 31st March 2025 to be eligible for the waiver of interest and penalties.
• File Form GST SLP-01 or GST SLP-02 timely and accurately.
• Utilize the correct payment methods and ensure diligent record linking for seamless compliance.