- CBIC issued Instruction No. 02/2025-GST on February 7, 2025, clarifying the procedure for department appeals involving interest and penalty disputes under Section 128A of the CGST Act, 2017.
- Section 128A provides a waiver for interest, penalty, or both related to demands under Section 73 of the CGST Act for financial years 2017-18, 2018-19, and 2019-20.
- Taxpayers can avail Section 128A benefits even if the department has filed an appeal concerning interest or penalty, as long as the tax amount is fully paid.
- If the department has appealed due to incorrect interest calculation or non-imposition of penalty, the proper officer may withdraw the appeal.
- The primary goal of this clarification is to reduce unnecessary legal disputes and ensure compliance.
- Businesses can benefit from relief from unnecessary penalties and interest disputes, faster resolution of tax appeals, and lower legal costs.
- GST consultants and tax professionals have clearer guidelines to help clients handle appeals related to interest and penalties.
- GST officers and authorities have simplified instructions to withdraw unnecessary appeals where the tax amount is fully paid.
- Taxpayers should review pending appeals to check if their case qualifies for Section 128A relief, consult a GST expert, and communicate with tax authorities to withdraw disputes where tax dues are fully settled.
Source: rmpsco.com
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
