CBIC has notified the GST Amnesty Scheme 2024 under Section 128A for waiver of Interest and Penalty that will be effective from 01.11.2024.
Reetu | Sep 28, 2024 |
GST Amnesty Scheme 2024 Notified: Section 128A for Interest and Penalty Waiver Effective from 01.11.2024
The Central Board of Indirect Taxes and Customs (CBIC) has notified the GST Amnesty Scheme 2024 under Section 128A for waiver of Interest and Penalty that will be effective from 01.11.2024. The CBIC notified the same issuing a Notification dated 27th September 2024.
The Notification Read as Follows:
In exercise of the powers conferred by clause (b) of sub-section (2) of section 1 of the Finance (No. 2) Act, 2024 (15 of 2024), the Central Government hereby appoints:
(a) the date of publication of this notification in the Official Gazette, as the date on which the provisions of sections 118, 142, 148 and 150 of the said Act shall come into force; and
(b) the 1st day of November, 2024, as the date on which the provisions of sections 114 to 117, 119 to 141, 143 to 147, 149 and 151 to 157 of the said Act shall come into force.
Section 146 of Finance Act 2024 (No.2) introduced the Insertion of new Section 128A, which is for waiver of interest or penalty or both relating to demands raised under section 73, for certain tax periods.
After section 128 of the Central Goods and Services Tax Act, the following section shall be inserted, namely:––
“128A. (1) Notwithstanding anything to the contrary contained in this Act, where any amount of tax is payable by a person chargeable with tax in accordance with,––
(a) a notice issued under sub-section (1) of section 73 or a statement issued under sub-section (3) of section 73, and where no order under sub-section (9) of section 73 has been issued; or
(b) an order passed under sub-section (9) of section 73, and where no order under sub-section (11) of section 107 or sub-section (1) of section 108 has been passed; or
(c) an order passed under sub-section (11) of section 107 or sub-section (1) of section 108, and where no order under sub-section (1) of section 113 has been passed, pertaining to the period from 1st July 2017 to 31st March 2020, or a part thereof, and the said person pays the full amount of tax payable as per the notice or statement or the order referred to in clause (a), clause (b) or clause (c), as the case may be, on or before the date, as may be notified by the Government on the recommendations of the Council, no interest under section 50 and penalty under this Act, shall be payable and all the proceedings in respect of the said notice or order or statement, as the case may be, shall be deemed to be concluded, subject to such conditions as may be prescribed:
Provided that where a notice has been issued under sub-section (1) of section 74, and an order is passed or required to be passed by the proper officer in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court in accordance with the provisions of sub-section (2) of section 75, the said notice or order shall be considered to be a notice or order, as the case may be, referred to in clause (a) or clause (b) of this sub-section:
Provided further that the conclusion of the proceedings under this sub-section, in cases where an application is filed under sub-section (3) of section 107 or under sub-section (3) of section 112 or an appeal is filed by an officer of central tax under sub-section (1) of section 117 or under sub-section (1) of section 118 or where any proceedings are initiated under sub-section (1) of section 108, against an order referred to in clause (b) or clause (c) or against the directions of the Appellate Authority or the Appellate Tribunal or the court referred to in the first proviso, shall be subject to the condition that the said person pays the additional amount of tax payable, if any, in accordance with the order of the Appellate Authority or the Appellate Tribunal or the court or the Revisional Authority, as the case may be, within three months from the date of the said order:
Provided also that where such interest and penalty have already been paid, no refund of the same shall be available.
(2) Nothing contained in sub-section (1) shall be applicable in respect of any amount payable by the person on account of an erroneous refund.
(3) Nothing contained in sub-section (1) shall be applicable in respect of cases where an appeal or writ petition filed by the said person is pending before the Appellate Authority or Appellate Tribunal or a court, as the case may be, and has not been withdrawn by the said person on or before the date notified under sub-section (1).
(4) Notwithstanding anything contained in this Act, where any amount specified under sub-section (1) has been paid and the proceedings are deemed to be concluded under the said sub-section, no appeal under sub-section (1) of section 107 or sub-section (1) of section 112 shall lie against an order referred to in clause (b) or clause (c) of sub-section (1), as the case may be.”.
Summary of Sections of Finance Act notified: Section of CGST Act
| Section of Finance Act | Notified w.e.f. | Section of CGST Act | Subject |
| 118 | 27-09-24 | Amendment of section 16 | Due Date for Claiming ITC for Financial Years 2017-18, 2018-19, 2019-20 and 2020-21 extended to 30/11/2024 |
| 142 | 27-09-24 | Amendment of section 109 | Amendments related to GST Tribunal |
| 148 | 27-09-24 | Amendment of section 171 | Amendments related to Antiprofiteering measure |
| 150 | 27-09-24 | No refund shall be made of all the tax paid or the input tax credit reversed, which would not have been so paid, or not reversed, had section 118 been in force at all material times | |
| 114 | 01-11-24 | Amendment of section 9 | In CGST Act, in section 9, in sub-section (1), after the words “alcoholic liquor for human consumption”, the words “and un-denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor, for human consumption” shall be inserted |
| 115 | 01-11-24 | Amendment of section 10 | In section 10 “Composition levy” of the CGST Act, in sub-section (5), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 116 | 01-11-24 | Insertion of new section 11A | New Section 11A inserted. It Deals with “Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice” |
| 117 | 01-11-24 | Amendment of section 13 | Amendments related to Time of Supply of Services in case where tax is paid or liable to be paid on reverse charge basis |
| 119 | 01-11-24 | Amendment of section 17 | In section 17 “Apportionment of credit and blocked credits” of CGST Act, in sub-section (5), in clause (i), for the words and figures “sections 74, 129 and 130”, the words and figures “section 74 in respect of any period up to Financial Year 2023-24” shall be substituted. |
| 120 | 01-11-24 | Amendment of section 21 | In section 21 “Manner of recovery of credit distributed in excess” of the CGST Act, after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 121 | 01-11-24 | Amendment of section 30 | In section 30(2) “Revocation of cancellation of registration”, after the proviso, the following proviso shall be inserted, namely:—
“Provided further that such revocation of cancellation of registration shall be subject to such conditions and restrictions, as may be prescribed.”. |
| 122 | 01-11-24 | Amendment of section 31 | Amendments related to Tax Invoice in case where tax is paid or liable to be paid on reverse charge basis |
| 123 | 01-11-24 | Amendment of section 35 | In section 35 “Accounts and other records” of the CGST Act, in sub-section (6), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 124 | 01-11-24 | Amendment of section 39 | Section 39. Furnishing of returns
Registered person shall furnish a return for every calendar month whether or not any TDS deductions have been made during the said month or not. |
| 125 | 01-11-24 | Amendment of section 49 | In section 49 “Payment of tax, interest, penalty and other amounts” of the CGST Tax Act, in sub-section (8), in clause (c), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted |
| 126 | 01-11-24 | Amendment of section 50 | In section 49 “Interest on delayed payment of tax” of the CGST Tax Act, in sub-section (1), in the proviso, after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 127 | 01-11-24 | Amendment of section 51 | In section 51 “Tax deduction at source” of the CGST Tax Act, in sub-section (7), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 128 | 01-11-24 | Amendment of section 54 | No refund of unutilised input tax credit on account of zero rated supply of goods or of integrated tax paid on account of zero rated supply of goods shall be allowed where such zero rated supply of goods is subjected to export duty |
| 129 | 01-11-24 | Amendment of section 61 | In section 61 “Scrutiny of returns” of the CGST Tax Act, in sub-section (3), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 130 | 01-11-24 | Amendment of section 62 | In section 62 “Assessment of non-filers of returns” of the CGST Act, in sub-section (1), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 131 | 01-11-24 | Amendment of section 63 | In section 63 “Assessment of unregistered persons” of the CGST Act, after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 132 | 01-11-24 | Amendment of section 64 | In section 64 “Summary assessment in certain special cases” of the CGST Act, in sub-section (2), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 133 | 01-11-24 | Amendment of section 65 | In section 65 “Audit by tax authorities” of the CGST Act, in sub-section (7), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 134 | 01-11-24 | Amendment of section 66 | In section 66 “Special audit” of the CGST Act, in sub-section (6), after the words and figures “section 73 or section 74”, the words, figures and letter “or section 74A” shall be inserted. |
| 135 | 01-11-24 | Amendment of section 70 | Section 70: Power to summon persons to give evidence and produce documents
All persons summoned shall be bound to attend, either in person or by an authorised representative, as such officer may direct, and the person so appearing shall state the truth during examination or make statements or produce such documents and other things as may be required. |
| 136 | 01-11-24 | Amendment of section 73 | The provisions of section 73 shall be applicable for determination of tax pertaining to the period up to Financial Year 2023-24. |
| 137 | 01-11-24 | Amendment of section 74 | The provisions of section 74 shall be applicable for determination of tax pertaining to the period up to Financial Year 2023-24. |
| 138 | 01-11-24 | Insertion of section 74A | Section 74A “Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason pertaining to Financial Year 2024-25” |
| 139 | 01-11-24 | Amendment of section 75 | Section 75: General provisions relating to determination of tax
Amendment: To give effect to Insertion of section 74A |
| 140 | 01-11-24 | Amendment of section 104 | Section 104: Advance ruling to be void in certain circumstances
Amendment: To give effect to Insertion of section 74A |
| 141 | 01-11-24 | Amendment of section 107 | Section 107: Appeals to Appellate Authority
Amendment: |
| 143 | 01-11-24 | Amendment of section 112 | Section 112: Appeals to Appellate Tribunal
Minimum Predeposit for filing appeal reduced to 10% of tax in dispute. |
| 144 | 01-11-24 | Amendment of section 122 | Section 122: Penalty for certain offences
In section 122 of the CGST Act, with effect from the 1st day of October, 2023, in sub-section (1B), for the words “Any electronic commerce operator who”, the words and figures “Any electronic commerce operator, who is liable to collect tax at source under section 52,” shall be substituted. |
| 145 | 01-11-24 | Amendment of section 127 | Section 127: Power to impose penalty in certain cases
Amendment: To give effect to Insertion of section 74A |
| 146 | 01-11-24 | Insertion of new section 128A | GST Amnesty Scheme Notified
Waiver of interest or penalty or both relating to demands raised under section 73, for tax periods from 1st July, 2017 to 31st March, 2020 |
| 147 | 01-11-24 | Amendment of section 140 | Section 140: Transitional arrangements for input tax credit
The input tax credit on account of any services received prior to the appointed day by an Input Service Distributor shall be eligible for distribution as credit under this Act, within such time and in such manner as may be prescribed, whether the invoices relating to such services are received prior to, on or after, the appointed day |
| 149 | 01-11-24 | Amendment of Schedule III | ACTIVITIES OR TRANSACTIONS WHICH SHALL BE TREATED NEITHER AS A SUPPLY OF GOODS NOR A SUPPLY OF SERVICES
In Schedule III to the CGST Act, after paragraph 8 and before Explanation 1, the following paragraphs shall be inserted, namely:— “9. Activity of apportionment of co-insurance premium by the lead insurer to the co-insurer for the insurance services jointly supplied by the lead insurer and the co-insurer to the insured in co-insurance agreements, subject to the condition that the lead insurer pays the central tax, the State tax, the Union territory tax and the integrated tax on the entire amount of premium paid by the insured. 10. Services by insurer to the reinsurer for which ceding commission or the reinsurance commission is deducted from reinsurance premium paid by the insurer to the reinsurer, subject to the condition that the central tax, the State tax, the Union territory tax and the integrated tax is paid by the reinsurer on the gross reinsurance premium payable by the insurer to the reinsurer, inclusive of the said ceding commission or the reinsurance commission.”. |
Summary of Sections of Finance Act notified: Section of IGST Act
| Section of Finance Act | Notified w.e.f. | Section of IGST Act | Subject |
| 151 | 01-11-24 | Amendment of section 5 | In the IGST Act, 2017 (13 of 2017) (hereinafter referred to as the Integrated Goods and Services Tax Act), in section 5, in sub-section (1), after the words “alcoholic liquor for human consumption”, the words “and un-denatured extra neutral alcohol or rectified spirit used for manufacture of alcoholic liquor, for human consumption” shall be inserted. |
| 152 | 01-11-24 | Insertion of new section 6A | New Section 6A inserted. It Deals with “Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice” |
| 153 | 01-11-24 | Amendment of section 16 | No refund of unutilised input tax credit on account of zero rated supply of goods or of integrated tax paid on account of zero rated supply of goods shall be allowed where such zero rated supply of goods are subjected to export duty. |
| 154 | 01-11-24 | Amendment of section 20 | Section 20: Application of provisions of CGST Act
Maximum Predeposit for filing appeal before the Appellate Authority or the Appellate Tribunal for filing appeal reduced to 20 Cr. |
Summary of Sections of Finance Act notified: Section of UGST Act
| Section of Finance Act | Notified w.e.f. | Section of UGST Act | Subject |
| 155 | 01-11-24 | Amendment of section 7 | In the UGST, 2017 (14 of 2017) (hereinafter referred as the Union Territory Goods and Services Tax Act), in section 7, in sub-section (1), after the words “alcoholic liquor for human consumption”, the words “and un-denatured extra neutral alcohol or rectified spirit which is used for manufacture of alcoholic liquor, for human consumption” shall be inserted. |
| 156 | 01-11-24 | Insertion of new section 8A | New Section 8A inserted. It Deals with “Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice” |
Summary of Sections of Finance Act notified: Section of GST (Compensation to States) Act
| Section of Finance Act | Notified w.e.f. | Section of GST (Compensation to States) Act | Subject |
| 157 | 01-11-24 | Insertion of new section 8A | New Section 8A inserted. It Deals with “Power not to recover Goods and Services Tax not levied or short-levied as a result of general practice” |
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