Determination of requisite amount and extent of waiver.

§8

Summary

(1) The requisite amount payable towards the settlement of arrears as determined under section 6 shall be as follows,- (a) where the said tax is un-disputed or disputed, then the extent of the payment of such un-disputed tax, disputed tax, interest, penalty or late fee and applicable waiver in respect of disputed tax, interest, penalty or late fee for One Time Payment option or Installment option as provided in section 10, shall be as specified in Annexure-A or Annexure-B, as the case may be; (b) notwithstanding anything contained in this section and section 9, where arrears determined as per section 6, of tax, interest, penalty or late fee as per any statutory order is of rupees ten lakh or less and if, the applicant opts for payment of a lump sum amount under One Time Payment option, then the extent of lump sum payment and applicable waiver shall be as specified in Annexure-A or Annexure-B, as the case may be. (2) The payment of the requisite amount as determined under this section shall be made in the form of Chalan prescribed under the Relevant Act or, in Form-MTR-6 prescribed under the Value Added Tax Rules as the case may be, and shall be made on or before the last day specified in clause (b) of the Table given in sub-section (2) of section 10 of this Act, as applicable to the option opted by the applicant. (3) The payment made on any account on or before the 31st March 2022 shall not be considered as a payment towards the requisite amount. (4) Under any circumstances, the applicant shall not be entitled to any waiver in respect of undisputed tax. (5) Subject to the other provisions of this Act, the applicant shall be entitled to the waiver of disputed tax, interest, penalty or late fee, to the extent as prescribed in Annexure-A or Annexure-B, as the case may be. (6) Where the applicant has made the payment which is less than the requisite amount as determined under this section then, the designated authority shall compute the proportionate amount of waiver admissible under the option opted by the applicant, in proportion to the requisite amount paid by the applicant : Provided that, the amount so paid shall first be adjusted towards the un-disputed tax and the amount remaining, if any, after such adjustment shall then be adjusted towards the disputed tax, interest, penalty and late fee, proportionately. (7) No application shall be rejected merely on the ground that the payment made by the applicant during the period as per option opted by the applicant under this Act is less than the requisite amount.

(1) The requisite amount payable towards the settlement of arrears as determined under section 6 shall be as follows,- (a) where the said tax is un-disputed or disputed, then the extent of the payment of such un-disputed tax, disputed tax, interest, penalty or late fee and applicable waiver in respect of disputed tax, interest, penalty or late fee for One Time Payment option or Installment option as provided in section 10, shall be as specified in Annexure-A or Annexure-B, as the case may be; (b) notwithstanding anything contained in this section and section 9, where arrears determined as per section 6, of tax, interest, penalty or late fee as per any statutory order is of rupees ten lakh or less and if, the applicant opts for payment of a lump sum amount under One Time Payment option, then the extent of lump sum payment and applicable waiver shall be as specified in Annexure-A or Annexure-B, as the case may be. (2) The payment of the requisite amount as determined under this section shall be made in the form of Chalan prescribed under the Relevant Act or, in Form-MTR-6 prescribed under the Value Added Tax Rules as the case may be, and shall be made on or before the last day specified in clause (b) of the Table given in sub-section (2) of section 10 of this Act, as applicable to the option opted by the applicant. (3) The payment made on any account on or before the 31st March 2022 shall not be considered as a payment towards the requisite amount. (4) Under any circumstances, the applicant shall not be entitled to any waiver in respect of undisputed tax. (5) Subject to the other provisions of this Act, the applicant shall be entitled to the waiver of disputed tax, interest, penalty or late fee, to the extent as prescribed in Annexure-A or Annexure-B, as the case may be. (6) Where the applicant has made the payment which is less than the requisite amount as determined under this section then, the designated authority shall compute the proportionate amount of waiver admissible under the option opted by the applicant, in proportion to the requisite amount paid by the applicant : Provided that, the amount so paid shall first be adjusted towards the un-disputed tax and the amount remaining, if any, after such adjustment shall then be adjusted towards the disputed tax, interest, penalty and late fee, proportionately. (7) No application shall be rejected merely on the ground that the payment made by the applicant during the period as per option opted by the applicant under this Act is less than the requisite amount.

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