Waiver of Interest and Penalty: Circular No. 238/32/2024-GST
<p><span>On October 15, 2024, the Ministry of Finance issued Circular No. 238/32/2024-GST. This circular clarifies the implementation of Section 128A of the CGST Act, 2017, which provides for the waiver of interest or penalty or both related to demands under Section 73 for the financial years 2017-18, 2018-19, and 2019-20. Key highlights include:</span></p><ol start="1"><li><span><strong>Scope of Waiver</strong>: Section 128A applies to cases where notices or statements were issued under Section 73, but orders have not yet been passed or have not been challenged.</span></li><li><span><strong>Filing Applications</strong>: Taxpayers can file applications electronically in FORM GST SPL-01 or FORM GST SPL-02 within three months from the notified date (31.03.2025). For redetermined taxes, the application deadline is six months from the issuance of the redetermination order.</span></li><li><span><strong>Payment of Tax</strong>: Payments should be made through FORM GST DRC-03 for unadjudicated notices, and through the Electronic Liability Register for adjudicated orders. The deadline for payment is on or before 31.03.2025.</span></li><li><span><strong>Multiple Notices/Orders</strong>: Separate applications are required for each notice or order issued.</span></li><li><span><strong>Application Processing</strong>: Proper officers will review applications and either approve or reject them within prescribed timelines. Approved applications will result in waivers being granted, while rejected applications can be appealed.</span></li><li><span><strong>Refund Restrictions</strong>: No refunds will be granted for tax paid or ITC reversed due to retrospective amendments.</span></li><li><span><strong>Uniform Implementation</strong>: Ensures consistent application of Section 128A provisions across various scenarios and field formations.</span></li></ol><p><span>This circular aims to provide clarity and ensure uniformity in the application of these extended provisions, reducing uncertainties and compliance burdens for taxpayers.</span> <a href="https://cms.plasament.com/storage/nisha/circular-no-238-2024.pdf">circular-no-238-2024</a><br><br> </p>