CBIC Directed Dept. to Withdraw Appeals Filed for Wrong Calculation of Interest & Penalty if Tax is Paid as Per Section 128A
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- Last Updated on 12 February, 2025
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Instruction No. 02/2025-GST dated February 7th, 2025
The CBIC has received references from various field formations seeking clarification from the Board as to whether the benefit of section 128A be extended to taxpayers in cases where the tax amount has been paid but the department has gone in Appeal on the basis of wrong arithmetic calculation of interest, or where penalty is either not imposed or imposed less than the prescribed threshold etc.
Now, the CBIC has issued instruction to department to withdraw appeal in cases where tax amount has been fully paid by the taxpayer on demands made under section 73 of the CGST Act as per Section 128A and department is in appeal or under the process of filing an appeal only on account of wrong interest calculation and/or wrong imposition or non-imposition of penalty amount.
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