applicability pf section 128A where only Interest/penalty is due

[SUSHIL BANSAL]

Dear experts,

for fy 17-18-section 73-Excess ITC claimed & reversed in 3B & accordingly order passed that as the excess ITC claimed already reversed the same is appropriated in Govt account & only Interest & penalty demanded in the order. Appeal field we have withdrawn.

Plz guide whether we are eligible for benefit u/s 128A, as while filing 128A the form asks details of tax paid through DRC 03/03A.

further for the same year some outward tax was short paid & we paid Tax & Int. before passing the order & hence in the order it was stated that as the tax & int. already paid, the same is appropriated in Govt account & only penalty demanded. Appeal field we have withdrawn.

Plz guide whether we are eligible for benefit u/s 128A, as no tax tax was due in the order (after the appropriation).

AI Summary

Clarification Sought on Section 128A GST Act: Eligibility for Benefits When Only Interest and Penalty Are Due A discussion on the applicability of Section 128A of the GST Act when only interest and penalty are due, initiated by an individual seeking guidance on eligibility for benefits under this section. The query involves cases where excess ITC was reversed and tax was paid before the order, leaving only interest and penalties. Respondents reference CBIC Circular No. 238/32/2024-GST, indicating eligibility for benefits, while discussing the purpose of amnesty schemes in tax recovery. There is a noted need to align Section 128A with the circular, and clarification through Form GST SPL-05 is anticipated. Issues with filing SPL-2 forms are also mentioned.