The Central Board of Indirect Taxes and Customs (CBIC) has released a new circular (No. 248/05/2025-GST) to clarify benefits available under Section 128A of the CGST Act, 2017. This section, effective from 1st November 2024, offers a waiver of interest or penalties for certain demands raised under Section 73 for the period between July 2017 and March 2020. The circular addresses key concerns from businesses regarding tax payments made via GSTR-3B versus DRC-03 and the procedure for withdrawing appeals when orders cover both periods eligible and ineligible for Section 128A benefits.
The Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 248/05/2025-GST, addressing multiple concerns raised by the trade and industry regarding the availment of benefits under Section 128A of the Central Goods and Services Tax (CGST) Act, 2017. The circular provides clarity o
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FAQ :
The circular clarifies the benefits available under Section 128A of the CGST Act, 2017, addressing issues related to tax payments and appeal withdrawals raised by the trade and industry.
Section 128A provides for waiver of interest or penalty for demands raised under Section 73 for the period from 1st July 2017 to 31st March 2020.
Yes, taxpayers who paid tax through FORM GSTR-3B before 1st November 2024 are eligible for the benefit under Section 128A, subject to verification by the proper officer.
On or after 1st November 2024, taxpayers intending to avail the benefits must make payments exclusively through the modes prescribed under Rule 164 of the CGST Rules, typically FORM GST DRC-03.
Taxpayers can apply using FORM SPL-01 or FORM SPL-02 after paying the tax liability for the Section 128A period. They must then inform the appellate authority they do not intend to pursue the appeal for the period covered by Section 128A.
Section 128A was inserted into the CGST Act, 2017, and Rule 164 was inserted into the CGST Rules, 2017, effective from 1st November 2024.