Section 128 of CGST Act 2017: Power to Waive Penalty or Fee or Both

Provisions under Section 128 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Power to Waive Penalty or Fee or Both”, are as under:

Section 128 of CGST Act 2017: Power to Waive Penalty or Fee or Both (CHAPTER XIX – OFFENCES AND PENALTIES)

The Government may, by notification, 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.

Amendments History:

1. CBEC notifies 1st July 2017 as the Commencement date for Section 128 of the CGST Act 2017, vide Notification 9/2017 Central Tax.

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Govt. has notified the CGST Act, 2017 on 12th April, 2017, which has subsequently been amended through the CGST (Extension to J&K) Act 2017, Finance Act 2018, CGST Amendment Act 2018, Finance (No. 2) Act 2019, Finance Act 2020, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance 2020. Further, CBEC/ CBIC has also issued various Notifications from time to time, relating to the commencement date of various Sections/ Provisions in the respective CGST/ Amendment Acts, wherever required.

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