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 Appeal field we have withdrawn.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 Appeal field we have withdrawn.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

Amnesty under Section 128A clarified: interest and penalty-only liabilities can qualify following circular guidance.
The headnote clarifies that amnesty eligibility extends to cases where only interest and penalty remain payable after tax has been paid or appropriated and appeals withdrawn; administrative circular guidance confirms such liabilities fall within the amnesty framework, conditional on compliance with prescribed procedural requirements and resolution of form- and portal-related filing issues.