Clarification of various doubts related to Section 128A of the JGST Act, 2017.
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Interest and penalty waiver under Section 128A requires full tax payment, prescribed applications, and withdrawal of pending challenges.
Section 128A permits waiver of interest, penalty, or both for eligible section 73 demands for financial years 2017-18 to 2019-20, conditional on full payment of tax and filing the prescribed waiver application. FORM GST SPL-01 applies to unadjudicated notices or statements, and FORM GST SPL-02 applies to demand, appellate, revisional, and eligible redetermination orders. Pending appeals, writ petitions, or special leave petitions concerning the demand must be withdrawn. Full tax payment is required even where a demand includes non-covered periods or erroneous refunds, although waiver remains limited to eligible periods and issues. Eligible credit no longer payable under section 16(5) or section 16(6) may be deducted where it was denied solely under section 16(4).