Penalty for Offence By A Taxable Person in the CGST Act.

The CGST Act codifies the offences and penalties in Chapter XIX. The Act list 21 offences in section 122, apart from the penalty prescribed under section 10 for availing compounding by a dealer who is not eligible for it.

The said offences are as follows:

(1 )      Making a supply without invoice or with false/incorrect invoice

(2)       Issuing an invoice without making supply

(3)       Not paying tax collected for a period exceeding 3 months

(4)       Not paying tax collected in contravention of the Act for a period exceeding 3 months

(5)       Non-deduction or lower deduction of tax deducted at source or not depositing tax deducted at source under section 51

(6)       Non-collection or lower collection of or non-payment of tax collectible at source under section 52

(7)       Availing/utilizing input tax credit without actual receipt of goods and/or services

(8)       Fraudulently obtaining any refund

(9)       Availing/distributing input tax credit by an Input Service Distributor in violation of Section 20

(10)     Furnishing false information or falsification of financial records or furnishing of fake accounts/documents with intent to evade payment of tax

(11)     Failure to register despite being liable to pay tax

(12)     Furnishing false information regarding mandatory fields for registration

(13)     Obstructing or preventing any official in discharge of his duty

(14)     Transporting goods without prescribed documents

(15)     Suppressing turnover leading to tax evasion

(16)     Failure to maintain accounts/documents in the manner specified in the Act or failure to retain accounts/documents for the period specified in the Act

(17)     Failure to furnish information/documents required by an officer in terms of the Act/Rules or furnishing false information/documents during the course of any proceeding

(18)     Supplying/transporting/storing any goods liable to confiscation

(19)     Issuing invoice or document using registration number of another registered person

(20)     Tampering/destroying any material evidence

(21)     Disposing of/tampering with goods detained/seized/attached under the Act

Penalty for above mentioned offences

Any taxable person who has committed any of the offences mentioned above shall be punished with a penalty that shall be higher of the following amounts:

•          The amount of tax evaded, fraudulently obtained as refund, availed as credit, or not deducted or collected or short deducted or short collected, or

•          A sum of Rs.10,000

Any registered person who supplies any goods or services or both on which any tax has not been paid or short-paid or erroneously refunded, or where the input tax credit has been wrongly availed or utilised,—

Penalty:

(a) for any reason, other than the reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty of ten thousand rupees or ten per cent of the tax due from such person, whichever is higher;

(b) for reason of fraud or any wilful misstatement or suppression of facts to evade tax, shall be liable to a penalty equal to ten thousand rupees or the tax due from such person, whichever is higher.

 
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