RELIEF UNDER SECTION 128A

CA Gaurav Kenkre is a CA in practice for the last ll years. He is a regular speaker at various professional organizations, trade bodies, MNCs and Government bodies. He also writes regularly in local as well as national publications. Besides this he holds various positions in bodies such as ICAI, GCCI, College bodies, Rotary etc.

- CA Gaurav Kenkre

The recent Circular No. 238/32/2024 issued on October 15, 2024, addresses several doubts concerning the application of Section 128A of the CGST Act, introduced to relieve taxpayers facing penalties and interest on GST dues for financial years 201718, 2018-19, and 2019-20. This amendment allows a waiver of penalties and interest, subject to specific conditions, particularly for demands arising from section 73 of the CGST Act. The guidelines laid out by the Central Board of Indirect Taxes and Customs (CBIC) offer essential insights into how taxpayers can apply for and benefit from this relief. Eligibility for Waiver and Conditions for Application. The circular specifies that Section 128A applies only to specific cases where:

A notice has been issued under section 73 but has not yet been adjudicated. An order was passed under section 73, but no higher authority has issued a subsequent order.

Appellate or revisional authorities have issued an order, but no order has been passed by the GST Appellate Tribunal.