About section 122 of CGST Act 2017 - Penalties and Offences

Offence & Penalties under GST

Under section 122 of cgst act, There are corresponding penalties and tax amount percentage for the various types of the offence of the non-compliance. Severity of the offence and nature decides the penalty amount. There are many reason Under section 122 of cgst act such as any suppression of facts to evade tax ,suppression of facts to evade tax,or wilful misstatement. Penalties would be Rs. ten thousand or ten percent of the tax due or it can be 25000/-.

Penalties are levied for various types of the offences and evasion of the tax. Get help from Professional Utilities to solve any problem related to the GST.

Table of content

What is the section 122 of cgst act?
Penalty under section 122 of CGST Act
Offences under section 122 of cgst act
Conclusion
Frequently Asked Question

What is the section 122 of cgst act?

Section 122 of the CGST Act is the section which deals with the various offenses and their corresponding penalities. Various penalties which are levied on different offence of non-compliance.

Penalty under section 122 of CGST Act

There are different penalties under different section for the offences as mentioned below -

Under section 122 penalty that involved are -
- Tax amount
- Rs. 10000/-

Whichever is higher

Under Section 122(1A) penalty that involved are -
- 100% of the tax amount
Under section 73 of Section 122(2) penalty for suppression of not involved, willful misstatement, fraud that involved are -
- 10% of the tax amount
- Rs. 10000/-

Whichever is higher

Under section 74 of Section 122(2) penalty for suppression of not involved, willful misstatement, fraud that involved are-
- 100% of the tax amount
- Rs. 10000 as penalty

Whichever is higher

Under Section 122(3) of CGST Act 2017

If person aids, abets, or aids in an offence be committed but person is party or not directly involoved in the offence or can not produce documents or ignore any summons.

Penalties is 25000/-
Under section 125

Under general penalty heading any offences or any other penalty not mentioned above included.

Penalty is Rs. 25,000/-

Offences under section 122 of cgst act

When good and services are not supplied and provision of the acts or rules are violated but invoice is issued is known as bogus invoicing.
Under section 51 tax is deducted less than required amount or tax not deducted or failure to deposit tax to the appropriate tax authority.
Where goods and services are supplied and there is Supply in Black i.e\
Goods are supplied when invoice is not issued.
False or incorrect invoice are issued in respect of the supply of goods and services.
After three months taxpayer is failed to deposit the tax to the government.
In contravention of law tax is collected where taxes are collected at the rate of the 12% instead of 18% and same is not deposited with within three months to the government.
Refund of the taxes are obtained Fraudulently.
Registration is failed to obtain.
Under the act tampers or disposes with goods are seized, attached or detained.
For evasion of tax turnover is suppressed.
In law as specified books of accounts and other documents are not retain or maintained.
Any document or material evidence is destroyed or tamper.
Goods which are attached or seized are tampers or disposed.
Any officer is prevented or obsurds in discharge of the duties.
Registration number of the another taxable person is used in the issue of documents or invoice.
Any good which he belives are liable to be confiscation are supplied, transported or stored.
Any false information that is furnished in registration particulars either at the time of registration application or afterward.
provides incorrect information or documents during any proceedings or refuses to provide information or documents requested by an official.
Specified documents are not present for the cover for the transportation of the taxable goods.
Under section 20 is broken for taking or distribution of the input tax credit.

Conclusion

Under section 122 of cgst act there are certain offences which attract penalties like paying taxes and interest applicable. Two driving forces in GST Compliance are ITC reconcilation and maintenance of documents and books are properly maintained. There are different penalies for the different offences under section 122.

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Frequently Asked Questions

Define Section 122 of the Cgst Act 2017?

Section 122 of the CGST Act 2017 is defined as for any cause other than fraud, willful falsification, or the omission of information to escape tax, shall be subject to a fine of 10,000 rupees, or 10%.

What do Sections 73 and 122 of the CGT Act mean?

Section 122 of the Act, which is the provision where penal liability has been created, is the appropriate penalty-levying provision for acts of "non-payment, short-payment of tax, tax erroneously refunded, or tax wrongly availed or utilised," and sections 73 and 74 are the appropriate penalty-imposing provisions.

What is the penalty for violating Cgst Section 122?

The penalty for violating CGST Section 122 are any cause other than fraud, willful falsification, or the omission of information to escape tax, shall be subject to a fine of 10,000 rupees, or 10%.

What is the consequence of a false ITC claim?

The consequence of a ITC is improperly claimed or used, a penalty is due. Therefore, even if ITC is improperly claimed but not used, a penalty of 10% or 100%, as appropriate, will be assessed.