State Act

The Goa (Recovery of Arrears of Tax, Interest, Penalty, Other Dues through Settlement) Act, 2023

1[8A. Waiver of interest or penalty or both relating to demands raised under relevant Acts for specified period.–– (1) Notwithstanding anything to the contrary contained in this Act, where any amount of tax is payable by a person chargeable with tax under relevant Act for specified period in accordance with,– (a) returns, revised returns or annual audit report filed under the relevant Act and where no assessment is completed; or (b) order passed in respect of assessment/rectification/review/appeal or any other Court order; or (c) the books of accounts of the dealer where neither returns were filed nor assessment was completed; and such person pays full amount of tax payable as per the returns, demand notice, statement or such order as the case may be, on or before 31-12-2025, the interest and/or penalty payable under the relevant Act for specified period and entire post assessment interest payable shall be waived subject to the following conditions: (i) 100% of tax shown as payable in clause (a) or (b) or (c) above has been paid in full into the treasury on or before 31-12-2025; (ii) upon making payment of 100% of tax dues application is filed requesting for waiver of interest and penalty under this section, on or before 31-03-2026 in such form and such manner as specified by the Commissioner by an order published in the Official Gazette. Separate applications for each year under each of the relevant Act shall be made and only one application per year as per the relevant Act shall be filed. (iii) The Commissioner may by an order published in the Official Gazette extend the period for filing of applications under clause (ii) above by a further period not exceeding three months. (2) Every application requesting for waiver of interest and penalty under this section shall be verified by the Designated Authority. The Designated Authority shall, after being satisfied about the correctness of the particulars set forth in the application made by the applicant and upon payment of 100% tax amount by the applicant, issue a certificate of settlement to the applicant in such form as may be specified by the Commissioner by an order published in the Official Gazette; (3) Upon issue of such certificate of settlement the applicant shall be discharged from his liability to make payment of the balance amount of arrears of interest and/or penalty to which he was liable before waiver and the entire post assessment interest payable shall also stand waived. (4) Upon verification of the application filed under this section, if the Designated Authority finds that the applicant has paid amount of tax less than the tax amount due or that the tax amount has not been paid before the specified date, the Designated Authority shall issue a written intimation informing the applicant about deficit payment or delayed payment, as the case may be, in such form as may be specified by the Commissioner by an order published in the Official Gazette. (5) The applicant shall within a period of 20 days from the date of receipt of the intimation under subsection (4) make the payment of such deficit amount of tax and shall also make the payment of the late fee equal to the amount of the tax paid less/paid after date given under sub-section (1), as the case may be, and submit self-attested copies of paid challan and e-receipt to the Designated Authority. (6) Upon verification of the application filed under this section, if the Designated Authority finds that the applicant is not eligible for the waiver of interest and/or penalty, the Designated Authority shall issue a Show Cause Notice indicating the discrepancy/discrepancies and afford a reasonable opportunity of being heard to the applicant in the such form as may be specified by the Commissioner. (7) The applicant shall submit a written reply to the Show Cause Notice within a period of 20 days from the date of receipt of Show Cause Notice and also appear for personal hearing before the Designated Authority. (8) The Designated Authority shall after considering the reply, if any, submitted by the applicant or upon verifying that the amount of tax short paid/paid after date given under sub-section (1) along with equal amount of late fee has been duly paid by the applicant, may issue a certificate of settlement to the applicant and thereupon, such applicant shall be discharged from his liability to make payment of the balance amount of arrears of tax, interest and/or penalty to which he was liable before waiver, the entire post assessment interest payable shall also stand waived. (9) The Designated Authority may, after affording an opportunity of hearing to the applicant, by an order in such form as may specified by the Commissioner in the Official Gazette and for the reasons to be recorded in writing, reject the application of the applicant on the ground that no question of waiver arises. (10) Notwithstanding anything contained in this section, the applicant shall not be eligible for refund of any amount that may become excess as a result of settlement under the provisions of this Act.]