There are two forms namely:
- SPL-01: For waiver under Section 128(1)(a) for notices or statements (This form will be made available soon).
- SPL-02: For waiver under Sections 128(1)(b) and 128(1)(c) in case of demand orders.
The SPL-02 form is a crucial application for taxpayers seeking a waiver of interest, penalty, or both, as per Section 128(1)(b) and 128(1)(c) of the GST Act. This document outlines the comprehensive steps to file SPL-02 on the GST portal.
Steps for Filing SPL-02 Form
- Login to the GST Portal
- Navigate to Services > User Services > My Applications.
- Select ‘Apply for Waiver Scheme under Section 128A’ from the dropdown menu under the ‘Application Type’ field.
- Click on the ‘New Application’ button to initiate a fresh waiver request.
- Choose SPL-02 Form
Upon creating a new application:
- Two options are displayed: SPL-01 and SPL-02.
- Select SPL-02 and click the ‘CREATE APPLICATION’ button.
- Answer Mandatory Questionnaire
A set of questions will appear to determine eligibility for the waiver scheme:
Key Questions and Instructions:
- Demand Order Issuance
- Yes: If DRC-01, DRC-07, or APL-04 was issued online.
- No: If issued manually by the tax department.
- Appeal/Writ Petition Status
- Confirm if any appeal or writ petition was filed against the order.
- Appeal Withdrawal Application
- Applicable only if the previous answer is ‘Yes.’ Indicate whether an application for withdrawal of the appeal has been filed.
- Final Appeal Withdrawal Confirmation
- Indicate if the appeal/writ petition was withdrawn before a judicial body, such as the High Court or Supreme Court.
- Demand Order Section
- Confirm whether the demand order falls under Section 73 and/or Section 74 or involves erroneous refunds.
- Section 75 Coverage
- Specify if the demand order is covered under Section 75.
- After answering all the mandatory questions, taxpayer has to click NEXT button to proceed further.
- The SPL-02 form will be displayed on the dashboard. There will be following tables where the taxpayers have to enter or select the data:
- Fill SPL-02 Form Fields
Tables to Complete:
Table 1: Basic Details
- Contact details like mobile number and email ID must be updated.
Table 2: Demand Order Details
- Order ID:
- Select from auto-populated records for online orders.
- For manual orders, choose ‘Manual Entry’ and input the demand order details.
- Date of Issuance of Order:
- Auto-populated for online orders; manually entered for offline orders.
- Section Under Issuance:
- Enter the section (e.g., 73, 74, etc.) as applicable.
- Appeal/Writ Details:
- Mention whether the appeal or writ petition has been withdrawn.
Table 3A: Amount Demanded
- Details for online orders are auto-filled. For manual orders, enter the total amount demanded as per the demand notice.
Table 3B: ITC Details
- Specify the amounts of Ineligible ITC under Sections 16(4), 16(5), and 16(6). Ensure the entered amount does not exceed the total demand in Table 3A.
Table 4: Payment Against Demand Orders
For demand orders issued via DRC-07/APL-04:
- Payments made using ‘Payment towards Demand’ on the GST portal are auto-populated.
For demand orders with DRC-03 Payments (Voluntary or Others):
- Link DRC-03 Payments:
- Use Form GST DRC-03A to map payments to the demand order.
- Navigate to Services > User Services > My Applications > FORM GST DRC-03A.
- Manual Order Payments:
- Select the appropriate Acknowledgement Reference Number (ARN) for payments made via DRC-03.
- Multiple DRC-03s can be mapped to a single demand order.
Key Note: The payment details will appear automatically in Table 4 after mapping through DRC-03A
- Upload Supporting Documents
- Upload a maximum of five documents (each up to 5 MB in size).
- Mandatory documents include demand orders, payment proofs, and appeal withdrawal proofs (if applicable).
- Preview and Submit Application
- After filling in all details and uploading documents, complete the Declaration & Verification.
- Preview the SPL-02 form and click ‘File.’
- Filing Confirmation
- A warning message will appear: “Do you wish to proceed with filing the application?”
- Click ‘Ok’ to proceed or ‘Cancel’ to modify the form.
- File using Digital Signature Certificate (DSC) or Electronic Verification Code (EVC).
- An ARN (Acknowledgment Reference Number) will be generated upon successful submission.
Additional Notes:
- Offline/manual demand orders require specific manual entries and document uploads.
- Payments made via DRC-03 must be correctly mapped to the demand order using DRC-03A.
The entire process ensures seamless filing and proper compliance with GST provisions.