about SEC128A

[giri gattupalli]

respected sir,

many notices under sec 73 are issued to taxable persons from 2017 and taxable persons have paid tax , interest and penalties also. less persons have appealed against orders. is there any relief for the taxable persons who paid interest and penalty already ?. any possibility to get back their amounts paid in shape of penalty or interest ?.... please discuss

[DR.MARIAPPAN GOVINDARAJAN]

There is no way to get back the same.  If you actually aggrieved you ought to have filed appeal within the limitation period to the appellate authority.

[KASTURI SETHI]

No possibility of refund of interest and penalty  at all. Very much clear in Section 128A.

[Shilpi Jain]

Agreed. Not available unless you had filed an appeal.

[Tarun Agarwalla]

here in this case no way available in law , being this being a specific provision. however the same is unjustified and does not test of label playing field and stands on equality. in future the same possibly challenged on WP, the fate is unknown. a suitable cause of action may be created at this point of time , at least.

AI Summary

Refund prohibition under Section 128A prevents recovery of interest and penalty paid after assessment notices without timely appeal.
Section 128A establishes that taxable persons who paid tax, interest and penalty after assessment notices cannot obtain refunds of interest or penalty where no appeal was filed within the prescribed limitation; payment alone does not preserve a later claim for repayment.