SPL-02: Waiver of Interest and Penalty

Type of Document: Guidelines

Relevant Act(s)/Rule(s): Central Goods and Services Act, 2017

Relevant Section(s)/Rule(s).: Sections 128

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

  1. 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.
  1. 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.
  1. Answer Mandatory Questionnaire

A set of questions will appear to determine eligibility for the waiver scheme:

Key Questions and Instructions:

  1. Demand Order Issuance
    • Yes: If DRC-01, DRC-07, or APL-04 was issued online.
    • No: If issued manually by the tax department.
  2. Appeal/Writ Petition Status
    • Confirm if any appeal or writ petition was filed against the order.
  3. Appeal Withdrawal Application
    • Applicable only if the previous answer is ‘Yes.’ Indicate whether an application for withdrawal of the appeal has been filed.
  4. Final Appeal Withdrawal Confirmation
    • Indicate if the appeal/writ petition was withdrawn before a judicial body, such as the High Court or Supreme Court.
  5. Demand Order Section
    • Confirm whether the demand order falls under Section 73 and/or Section 74 or involves erroneous refunds.
  6. Section 75 Coverage
    • Specify if the demand order is covered under Section 75.
  1. After answering all the mandatory questions, taxpayer has to click NEXT button to proceed further.
  2. 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:
  3. 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):

  1. 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.
  2. 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

  1. 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).
  1. Preview and Submit Application
  • After filling in all details and uploading documents, complete the Declaration & Verification.
  • Preview the SPL-02 form and click ‘File.’
  1. 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.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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