To waive off GST penalties in India, particularly for financial years 2017-18 to 2019-20, taxpayers should utilize the GST Amnesty Scheme under Section 128A, which requires paying all outstanding tax dues by March 31, 2025. Eligible taxpayers must file form GST SPL-02 on the GST portal after withdrawing any pending appeals.
Legal Waivers/Reductions: Sections 73 and 74 of the CGST Act give discretionary powers to the authorities to waive penalty in case the tax payable is paid before assessment, or the default was not intentional and due to real causes.
Steps to Apply for the GST Waiver
Here's a simplified breakdown of the process under Section 128A: File an Application on the GST Portal: Apply electronically using FORM GST SPL-01 for non-fraudulent notices or FORM GST SPL-02 for certain orders. Include details of the tax payments made using FORM GST DRC-03.
➢ Waiver or reduction of penalty under section 273A(4)
Section 273A(4) empowers the Principal Commissioner or Commissioner to waive or reduce any penalty imposable under the Income-tax Act as well as to stay or compound any proceeding for the recovery of penalty.
Login to GST Portal and select the option - Services - Then select - Payment. Select Create Challan and window will be opened showing tax particulars, interest, penalty and fees details. Select Penalty and pay the same according to category - CGST, SGST or IGST. Q.
1. Login into GST portal: Navigate to > Services > User Services > My Applications. 2. On Navigating to 'My Applications' page, the taxpayer has to select 'Apply for Waiver Scheme under Section 128A' option under 'Application type' dropdown.
An offender not paying tax or making short payments must pay a penalty of 10% of the tax amount due subject to a minimum of Rs. 10,000. Consider — in case tax has not been paid or a short payment is made, a minimum penalty of Rs 10,000 has to be paid. The maximum penalty is 10% of the tax unpaid.
Fires, natural disasters or civil disturbances. Inability to get records. Death, serious illness or unavoidable absence of the taxpayer or immediate family. System issues that delayed a timely electronic filing or payment.
The GST Amnesty Scheme under Section 128A grants total waiver of pending interest and penalty amount if the tax dispute amount is paid by an eligible taxpayer on or before March 31, 2025.
Yes, an Appeal application can be withdrawn. To withdraw an Appeal application, click on to the Withdraw Appeal tab in the Case details page and select Withdraw Application from the Actions drop-down. A form will be displayed. Fill the form and click the Withdraw Appeal button.
Avail the new GST Amnesty Scheme 2024, introduced via Section 128A for conditional waiver of interest and penalties for tax demands from FY 2017-18 to 2019-20 under Section 73. To qualify, taxpayers must fully pay outstanding tax dues by March 31, 2025.
Misclassification of Goods and Services To take advantage of lower tax rates, businesses misclassify high-tax goods and services under lower tax categories. Tax Evasion through E-Commerce Some online sellers evade GST by not reporting their actual sales, using multiple registrations, or mis declaring transactions.
Businesses or individuals who have pending GST returns or appeals, such as those who missed filing returns for certain tax periods, generally qualify for the GST Amnesty Scheme. Yes, the GST Amnesty Scheme may apply to GSTR-9, the annual return filing.
Step 1: Log in to the GST portal, go to the 'Services' tab, click on 'Refunds' and select the 'Refund pre-application form' option. Step 2: On the page displayed called 'Refund pre-application form', fill in the details asked, and click on 'Submit'. A confirmation of submission will be displayed on the screen.
Penalties for a late GST return
You'll be charged a penalty for late filing – $50 if you're on the payments basis; $250 if you're on the hybrid or invoice basis. The penalty is due for payment before the 28th of the month after the return was due.
To avail of this waiver, the condition is that the full tax demanded is paid on or before 31.03. 2025. Given the above, Rule 164 of CGST rules, 2017 was notified through Notification No. 20/2024 dated.
To avail of the GST Amnesty Scheme under Section 128A, taxpayers must: Pay the full principal tax demand by March 31, 2025. Apply for the scheme by June 30, 2025.
The following category of tax persons are exempted from payment of 1% of GST in Cash 1. Registered taxpayers who have paid income tax above Rs 1.00 in Income Tax during the last two years continuously 2. Taxpayers who have zero-rated supplies without payment of duty and claimed refund of more than Rs 1.00 lac 3.
Barring of GST Return on expiry of three years
The GST network issued another advisory on 7th June 2025, implementing the rule of time-barring of GST return filing beyond three years from the due date. By this update, taxpayers will not be able to file GST returns after three years from the due date of such return.
Under section 273A(4) the Principal Commissioner of Income-tax or Commissioner of Income-tax has power to waive or reduce the penalty levied under the Income-tax Act.
Taxpayers may choose to forgo a penalty abatement request based on reasonable cause or may request a one-time penalty abatement when reasonable cause is absent.
Non/Late Payment
A 5% penalty will be levied on the amount of tax unpaid by the due date and an additional penalty of 2% per month on tax remaining unpaid after 60 days from the due date of the prescribed accounting period (capped at a maximum of 50% of the outstanding tax) may also be imposed.
The top 10% of the population, representing the highest income earners, is responsible for 26.63% of the total Household GST collected and 9.12% of the Total GST collected.
If you are audited and found guilty of tax evasion or tax avoidance, you may face a fine of up to $100,000 and be guilty of a felony as provided under Section 7201 of the tax code. A simple mistake in a tax return won't be considered tax evasion.