Waiver of interest or penalty or both relating to demands raised under Section 73, for certain tax periods.

In the Principal Act, after Section 128, the following seciion shall be inserted, namely: - '128A. (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 subsection (9) ofSection 73, and where no order under sub-section (1 1) 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 Sectlon 108, and where no order under sub-section (1) of Section 113 has been passed, pertaining to the period from 1sJ July, 2017 to 31st March, 2020, ot 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 Governmenton lhe 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, subjecl to such condltions as may be prescribed; Provided lhat 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 theAppelhteAuthority orAppellate Tribunalor a court in accordance with the provisions ofsub-section (2) of Section 75, the said notice or order shall be considered to be a notice or orde( as the case may be, referred to in clause (a) or clause (b) of this sub-section; Provided furtherthat the conclusion ofthe proceedings under this sub-section, in cases where an application is filed under sub-section (3) of Sectjon '107 or under sub-section (3) of Section 1'12 or an appeal is filed by an officer of state tax under sub-section (1) of Section 117 or under sub-section (1) of Section 118 or where any proceedings are anitiated 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 Revisaonal Authority, as the case may be, within three months from the date of the said order: Provided also that where such interestand 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 Appeliate 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 notrfied under sub-section (1). (4) Notwithstanding anything contained in thisAct, where any amount specified under suFsection (1) has been paid and the proceedings are deemed to be concluded under the said sub-section, no appeal under sub-section (1) ofsection 107 orsub-section (1) of Sectbn 112 shall lie against an order referred to in clause (b) or clause (c) of sub-section (1 ), as the case may be".