1[Section 128A.
Waiver of interest or penalty or both relating to demands raised under
section 73, for certain tax periods.
(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 has 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 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 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.]
1. Inserted by Finance (No. 2) Act, 2024 dated 16.08.2024 w.e.f. 01.11.2024 by Noti. No. 17/2024-CT dated 27.09.2024