Section 128 CGST Act 2017

[ Section 128 CGST Act 2017 Notified w.e.f 01.07.2017 vide Notification No. 9/2017 – Central Tax Dated 28th June, 2017 ]

Section 128 CGST Act 2017 explains Power to waive penalty or fee or both and is covered in Chapter XIX – Offences and Penalties

[Note : CGST Act 2017 also known as CENTRAL GOODS AND SERVICES TAX ACT, 2017 assented by the President of India on 12-4-2017 -An Act to make a provision for levy and collection of tax on intra-State supply of goods or services or both by the Central Government and the matters connected therewith or incidental thereto. ]

Power to waive penalty or fee or both.

128. The Government may, by notification (Note 1 to 10 ) , waive in part or full, any penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council.

Notes on Section 128 of CGST Act 2017

11.Notification No 75/2018 Central Tax Dated 31st December, 2018 Seeks to fully waive the amount of late fees leviable on account of delayed furnishing of FORM GSTR-1 for the period July, 2017 to September, 2018 in specified cases.

10. Notification No 76/2018 Central Tax Dated 31st December, 2018: Late Fees waiver for delayed filing of FORM GSTR-3B for July 2017 to September, 2018 in specified cases.

9. Seeks to waive the late fee for FORM GSTR-3B from October, 2017 to April, 2018 if TRAN 1 submitted but not filed  vide  Notification No. 22 /2018 – Central Tax  Dated  the 14th May, 2018

8. Rescinding notification No. 06/2018 – CT dated 23.01.2018 vide Notification No 13/2018 Central Tax  Dated  7th March, 2018

7 Reduction of late fee in case of delayed filing of FORM GSTR-6 vide Notification No 7/2018  Central Tax Dated 23rd January, 2018

6. Reduction of late fee in case of delayed filing of FORM GSTR-5A vide Notification No 6/2018  Central Tax Dated 23rd January, 2018

5. Reduction of late fee in case of delayed filing of FORM GSTR-5 vide Notification No 5/2018  Central Tax Dated 23rd January, 2018

4. Reduction of late fee in case of delayed filing of FORM GSTR-1 vide Notification No 4/2018  Central Tax Dated 23rd January, 2018

3. Waives the late fee payable for failure to furnish the return in FORM GSTR-4 vide Notification No 73/2017 Central Tax Dated 29th December, 2017

2A Seeks to limit the maximum late fee payable for delayed filing of return in FORM GSTR-3B from October, 2017 onwards vide Notification No 64/2017 Central Tax Dated 15th November, 2017

2. Seeks to waive late fee payable for delayed filing of FORM GSTR-3B for Aug & Sep, 2017 vide Notification No 50/2017 Central Tax Dated 24th October, 2017

1. Seeks to waive the late fee for late filing of FORM GSTR-3B, for the month of July 2017 vide Notification No 28/2017 Central Tax dated 1st September, 2017

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