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GST Section 128A: Waiver of Interest or Penalty for Certain Tax Demands

📌 Scope & Applicability
• Applies to tax demands for the period 1st July 2017 to 31st March 2020 (or part thereof).
• Covers the following cases:
• A notice or statement is issued under Section 73(1) or Section 73(3), but no order under Section 73(9) has been passed.
• An order is passed under Section 73(9), but no further orders under Section 107(11) or Section 108(1) exist.
• An order is passed under Section 107(11) or Section 108(1), but no final order under Section 113(1) exists.

📌 Key Provisions
• If the taxpayer pays the full tax amount as per the notice, statement, or order by the date notified by the Government:
• No interest under Section 50 is payable.
• No penalty will be charged.
• Proceedings related to the notice, statement, or order will be deemed concluded, subject to prescribed conditions.

📌 Exceptions
• Does not apply to cases involving:
• Erroneous refunds.
• Pending appeals or writ petitions by the taxpayer before appellate authorities or courts unless withdrawn before the notified date.
• Fraud cases.
• Late filing of returns, delay in tax payment, etc.

📌 Additional Conditions
• Where appellate or court orders require additional tax payment, the taxpayer must pay the additional amount within 3 months to conclude proceedings.
• If interest or penalty has already been paid, no refund will be granted.

Disclaimer- This video is only for informational purposes.

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