Offences and Penalties under GST Act


Offences and Penalties under GST Act
Offences and Penalties under GST Act, penalties under gst, offences under gst, penalty for late filing of gst return, gst penalty rules has been prescribed below:
Under GST there are 21 offenses, few major offenses and there penalties has been mentioned below.
Offences and Penalties under GST Act
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Offences under GST Penalties under GST
A. 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 due to reasons given in Section 122(1) or due to fraud or any wilful misstatement or suppression of facts to
evade tax , shall be liable to penalty of :
 
Ten thousand rupees or
an amount equivalent to the tax evaded

whichever is higher.

B. Any registered person who supplies 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 due to reasons other than above, shall be liable to penalty of :
  • Ten thousand rupees or
  • an amount equivalent to 10% the tax due

whichever is higher.

C. Any person who:
Supports offenses specified in Section 122(1).
Possesses, transports, acquires, deal with the goods which are liable to confiscation under this Act and he has knowledge of such contravention.
Fails to appear before the officer of central tax, when issued with a summon for appearance.
Fails to issue invoice in accordance with the provisions of this Act
Fails to account for an invoice in his books of account
shall be liable to penalty of :
upto 25,000
D. Penalty for failure to furnish
GST return.
Taxable return
Twenty Five rupees for each day of the period during which the failure to furnish such return continues.
This means total late fees of Rs. 50 per day (25 under CGST and 25 under SGST)
Nill Return
Ten rupees for each day of the period during which the failure to furnish such return continues.
This means total late fees of Rs. 20 per day (10 under CGST and 10 under SGST)
The maximum late fees that can be charged cannot exceed Rs 5,000.
E. If any person fails to furnish or will-fully furnishes false information to GST officer shall be liable for fine upto : Rs. 10,000 which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of Rs. 25,000.
F. General penalty for contravention any of the provisions of this Act or any rules made there under for which no penalty is separately provided : upto Rs. 25,000

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Prosecution Provisions Under GST
Where a person commits the following offenses with a deliberate intention to cause fraud, then criminal proceedings shall be held against him.

  • Claiming refund of CGST/SGST by fraud
  • Submission of fake documents or returns
  • Issuing any invoice without making a supply of goods or services
  • Abetting in the fraud under GST

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3 Comments

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  1. According to me GST penalty auto calculation by the software is strictly against ?principles of natural justice?. Penalties are being levied without providing an opportunity of being heard. The government should stop it immediately. Unless one pays the penalty , he/she cannot move ahead and file a return. There are too many technical issues with the website, lack of familiarization at the end of the assessee and stringent penalties for such a huge change in tax structure of the country needs to be reviewed and revisited by the finance ministry at least till june 2019.

  2. i supply goods late order period for 60 days ,party want credit note for this period late delivery interest what HSN Code for that Pl help us