Quick Summary
The Central Board of Indirect Taxes and Customs (CBIC) has issued an important clarification regarding various doubts related to Section 128A of the Central Goods and Services Tax (CGST) Act, 2017. This clarification was provided through Circular No. 238/32/2024-GST, dated October 15, 2024, addressi
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FAQ :
The clarification aims to resolve various doubts raised by taxpayers and field formations regarding the interpretation and application of Section 128A of the CGST Act, which deals with penalty waivers and reliefs in certain cases of non-compliance.
Section 128A covers demands under Section 73 of the CGST Act pertaining to the financial years 2017-18, 2018-19, and 2019-20.
The waiver is subject to certain conditions, including the payment of the full tax demanded by a specified date, which is generally 31st March 2025, or within six months from the order issuance date in specific cases.
Taxpayers need to file an application in FORM GST SPL-01 or FORM GST SPL-02, depending on the specific case, electronically on the common portal.
Generally, applications must be filed within three months from 31st March 2025. However, for cases covered by the first proviso to sub-section (1) of Section 128A, the deadline is six months from the date of the proper officer's order.
Yes, taxpayers can deduct amounts that are no longer payable due to the retrospective insertion of sub-sections (5) and (6) to Section 16 when calculating the tax payable for eligibility for waiver, provided the ITC was denied solely on account of contravention of Section 16(4).
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