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In cases where tax has been fully paid under Section 73 of CGST ...


Tax Authorities Instructed to Withdraw Appeals When Full Tax Paid Under Section 73, Preserving Taxpayer Relief Benefits

May 8, 2025

Circulars     GST - States

In cases where tax has been fully paid under Section 73 of CGST Act, and departmental appeals are solely related to interest or penalty calculations, the tax authority may withdraw such appeals. The instruction clarifies that taxpayers remain eligible for Section 128A benefits even if the department has initiated appellate proceedings, provided all other statutory conditions are met. The primary objective is to reduce litigation and prevent denial of relief based on technical grounds, ensuring taxpayers can avail waiver provisions for interest and penalty pertaining to Financial Years 2017-18, 2018-19, and 2019-20.

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