Goods and Service Tax Amnesty for Interest & Penalty u/s 128A
Amnesty for Waiver of Interest & Penalty u/s 128A of CGST Act
Sec 128A provides for conditional waiver of interest and penalty in respect of GST demands pertaining to FY 2017-18, 2018-19 and 2019-20 in cases where demand notices have been issued u/s 73 and full tax liability is paid by taxpayer before notified date i.e. 31/03/2025.
Following is summary for Sec 128A:
Situation u/s 128A
Due Date & mode of Payment
Forms
Due date for Application
Remarks
SCN u/s 73(1) or statement u/s 73(3) issued but order u/s 73(9) not issued 31 – Mar – 2025
(DRC-03)SPL – 01 30 – Jun – 2025 (i) Does not cover notice prior to DRC-01.
(ii) Self assessed liability not adjudicated is also not eligible.Order passed u/s 73(9) but order u/s 107(11) or 108(1) not passed 31 – Mar – 2025
(Cr. to ELR / DRC-03A if already discharged through DRC-03)
SPL – 02 30 – Jun – 2025 (i) Does not cover order u/s 74.
(ii) Covers situtaions for which no appeal is filed after the order u/s 73(9) is passedOrder passed u/s 107(11) or 108(1) but order u/s 113(1) not passed 31 – Mar – 2025
(Cr. to ELR / DRC-03A if already discharged through DRC-03)
SPL – 02 30 – Jun – 2025 (i) Covers all situations which are awaiting Tribunal filings.
(ii ) Also may cover the original orders u/s 741st Proviso - SCN initially issued u/s 74, but later held to be u/s 73 will be eligible for amnesty 6 months from date of such order SPL – 01 / SPL – 02 as the case may be 6 months from date of such order 2nd Proviso - Additional tax payable under appellate / revisionary proceedings by the authorities 3 months from date of such order