TaxTMI 
TaxTMI 
applicability pf section 128A where only Interest/penalty is due
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....pplicability pf section 128A where only Interest/penalty is due<br> Query (Issue) Started By: - SUSHIL BANSAL Dated:- 18-3-2025 Last Reply Date:- 21-3-2025 Goods and Services Tax - GST<br>Got 6 Replies<br>GST<br>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 accou....
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....nt & 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 Appeal field we have withdrawn.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 sam....
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....e 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 Appeal field we have withdrawn.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). Reply By Sadanand Bulbule: The Reply: Refer CBIC Circular No. 238/32/2024-GST dated 15/10/2024. You are eligible. Reply By KASTURI SETHI: The Reply: Sh.Sadanand Bulbule Ji, Just for dis....
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....cussion sake Sir, The ultimate purpose of ANY Amnesty Scheme is to recover tax/duty locked up in litigation at various stages and in various fora. The Govt. waives interest and penalty for the sake of recovery of such tax and, if tax has been paid voluntarily prior to the issuance of SCN and before the issuance of Notification for Amnesty Scheme, then what should be the fate of interest and penal....
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....ty ? Your opinion please. Reply By Sadanand Bulbule: The Reply: Dear Sirji There is a need to realign "harmonious strings" between Section 128A and the CBIC Circular No.238/32/2024-GST dated 15/10/2024. Reply By KASTURI SETHI: The Reply: Sh.Sadanand Bulbule Ji, Sir, Your observations are full of substance. Any Amnesty Scheme cannot be without conditions. Fog will be removed only after....
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.... the issuance of Form GST SPL-05 by the Proper Officer. Reply By Shilpi Jain: The Reply: There was ambiguity on this aspect which has now been clarified and made clear by the above mentioned circular Reply By SUSHIL BANSAL: The Reply: In two of our such cases wherein only penalty amount is unpaid, we are not finding order ID & other related tabs while filing SPL-2 of these orders.<br> Discussi....
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