ITC of taxes paid in Amnesty scheme
OVERVIEW:- An issue is revolving of FY 2018-19 where the mines owner have not deposited GST on royalty paid to mining department on RCM basis as their was a dispute that royalty itself is a tax and no GST should be chargeable on it. But in a supreme court judgment it was clarified that royalty is not a tax and GST is chargeable on it on RCM basis.
All the mines owners have received notices and now depositing tax in Amnesty Scheme 2024 (Last date 31/03/25)
MY QUESTION:- Can we take ITC of taxes paid of FY 2018-19 in Amnesty Scheme (As taxes are paid under RCM)