Is it mandatory that such ‘reasons to believe’ has to be recorded in writing by the proper officer, before issuing authorization for Inspection or Search and Seizure?

Is it mandatory that such ‘reasons to believe’ has to be recorded in writing by the proper officer, before issuing authorization for Inspection or Search and Seizure?
Question 7
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 7. Is it mandatory that such 'reasons to believe' has to be recorded in writing by the proper officer, before issuing authorization for Inspection or Search and Seizure?
Ans. Although the officer is not

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What happens to the goods upon confiscation of goods by the proper officer

What happens to the goods upon confiscation of goods by the proper officer
Question 12
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 12. What happens to the goods upon confiscation of goods by the proper officer?
Ans. Upon confiscation, the title in the confiscated goods shall vest in the Government and every Police officer to whom the proper officer makes a request in this behalf, shall assist in taking possessio

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Under which circumstances can goods be confiscated under MGL

Under which circumstances can goods be confiscated under MGL
Question 11
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 11. Under which circumstances can goods be confiscated under MGL?
Ans. Under Section 70 of the MGL, goods shall be liable to confiscation if any person:
* supplies any goods in contravention of any provision of this Act and such contravention results in evasion of tax payable under the Act, or

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What is meant by ‘reasons to believe’?

What is meant by ‘reasons to believe’?
Question 6
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 6. What is meant by 'reasons to believe'?
Ans. Reason to believe is to have knowledge of facts which, although not amounting to direct knowledge, would cause a reasonable person, knowing the same facts, to reasonably conclude the same thing. As per Section 26 of the IPC, 1860, “A person is said to have 'reason to believe' a thi

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What is meant by confiscation

What is meant by confiscation
Question 10
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 10. What is meant by confiscation?
Ans. The word 'confiscation' has not been defined in the Act. The concept is derived from Roman Law wherein it meant seizing or taking into the hands of emperor, and transferring to Imperial “fiscus” or Treasury. The word “confiscate” has been defined in Aiyar's Law Lexicon as to “appropriate

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Who can order for Search and Seizure under the provisions of MGL?

Who can order for Search and Seizure under the provisions of MGL?
Question 5
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 5. Who can order for Search and Seizure under the provisions of MGL?
Ans. An officer of the rank of Joint Commissioner or above can authorize an officer in writing to carry out search and seize goods, documents, books or things. Such authorization can be given only where the Joint Commissioner has reasons

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What is the penalty prescribed for a person who opts for composition scheme despite being ineligible for the said scheme

What is the penalty prescribed for a person who opts for composition scheme despite being ineligible for the said scheme
Question 9
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 9. What is the penalty prescribed for a person who opts for composition scheme despite being ineligible for the said scheme?
Ans. Section 8(3) provides that if a person who has opted for composition of his tax liability is found as not bei

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What action can be taken for transportation of goods without valid documents or attempted to be removed without proper record in books

What action can be taken for transportation of goods without valid documents or attempted to be removed without proper record in books
Question 8
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 8. What action can be taken for transportation of goods without valid documents or attempted to be removed without proper record in books?
Ans. If any person transports any goods or stores any such goods while in transit with

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Can the proper officer authorize Inspection of any assets/premises of any person under this Section?

Can the proper officer authorize Inspection of any assets/premises of any person under this Section?
Question 4
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 4. Can the proper officer authorize Inspection of any assets/premises of any person under this Section?
Ans. No. Authorization can be given to an officer of CGST/ SGST to carry out inspection of any of the following:
i. any place of business of a taxable person;
ii. a

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What is the penalty provided for any contravention for which no separate penalty has been prescribed under MGL

What is the penalty provided for any contravention for which no separate penalty has been prescribed under MGL
Question 7
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 7. What is the penalty provided for any contravention for which no separate penalty has been prescribed under MGL?
Ans. Section 67 of the MGL provides that any person who contravenes any provision of the Act or the rules made under this Act for whic

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Is any penalty prescribed for any person other than the taxable person

Is any penalty prescribed for any person other than the taxable person
Question 6
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 6. Is any penalty prescribed for any person other than the taxable person?
Ans. Yes. Section 66(3) provides for levy of penalty extending to ₹ 25,000/- for any person who• aids or abets any of the 21 offences,
* deals in any way (whether receiving, supplying, storing or trans

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Who can order for carrying out “Inspection” and under what circumstances?

Who can order for carrying out “Inspection” and under what circumstances?
Question 3
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 3. Who can order for carrying out “Inspection” and under what circumstances?
Ans. As per Section 60 of MGL, Inspection can be carried out by an officer of CGST/SGST only upon a written authorization given by an officer of the rank of Joint Commissioner or above. A Joint Commissioner or an offic

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What will be considered as ‘repeated short payments’ for the purpose of levy of penalty

What will be considered as ‘repeated short payments’ for the purpose of levy of penalty
Question 5
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 5. What will be considered as 'repeated short payments' for the purpose of levy of penalty?
Ans. Section 66(2) explains that three short payment in respect of three returns during any six consecutive tax periods shall be considered as repeated short payment for the pu

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What is the meaning of the term “Inspection”?

What is the meaning of the term “Inspection”?
Question 2
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 2. What is the meaning of the term “Inspection”?
Ans. 'Inspection' is a new provision under the MGL. It is a softer provision than search to enable officers to access any place of business of a taxable person and also any place of business of a person engaged in transporting goods or who is an owner or an operator of a wa

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What is the meaning of the term “Search”?

What is the meaning of the term “Search”?
Question 1
Bill
Inspection, Search, Seizure and Arrest
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 1. What is the meaning of the term “Search”?
Ans. As per law dictionary and as noted in different judicial pronouncements, the term 'search', in simple language, denotes an action of a government machinery to go, look through or examine carefully a place, area, person, object etc. in order to find something concealed or for t

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What is the quantum of penalty provided for in the MGL

What is the quantum of penalty provided for in the MGL
Question 4
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 4. What is the quantum of penalty provided for in the MGL?
Ans. Section 66(1) provides that any taxable person who has committed any of the offences mentioned in section 66 shall be punished with a penalty that shall be higher of the following amounts:
* The amount of tax evaded, fraudulently obtained

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What are the general disciplines to be followed while imposing penalties

What are the general disciplines to be followed while imposing penalties
Question 3
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 3. What are the general disciplines to be followed while imposing penalties?
Ans. The levy of penalty is subject to a certain disciplinary regime which is based on jurisprudence, principles of natural justice and principles governing international trade and agreements. Such general discipline is enshrined in section 68 of the Act. Accordingly-
* no penalty is to be imposed without issuance of a show cause notice and proper hearing in the matter, affording an opportunity to the person proceeded against to rebut the allegations lev

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What is meant by the term penalty

What is meant by the term penalty
Question 2
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 2. What is meant by the term penalty?
Ans. The word “penalty” has not been defined in the MGL but judicial pronouncements and principles of jurisprudence have laid down the nature of a penalty as:
* a temporary punishment or a sum of money imposed by statute, to be paid as punishment for the commission of a certain offence

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What are the powers of Settlement Commission?

What are the powers of Settlement Commission?
Question 14
Bill
Settlement Commission
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 14. What are the powers of Settlement Commission?
Ans. The powers and procedures of Settlement Commission are given in sections 25 and 26 of IGST Act. It is vested with the powers of a civil court under the Code of Civil Procedure, 1908, for discovery and inspection, enforcing the attendance of a person and examining him on oath, and compelling production of books of account and other records. Settlement Commission is deemed to be a civil court for the purposes of section 195 of the Code of Criminal Procedure, 1973. Any proceeding before it shall be deemed to be a judicial proceeding un

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What are the prescribed offences under MGL

What are the prescribed offences under MGL
Question 1
Bill
Offences and Penalties, Prosecution and Compounding
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 1. What are the prescribed offences under MGL?
Ans. The Model GST Law codifies the offences and penalties in Chapter XVI. The Act lists 21 offences in section 66, apart from the penalty prescribed under section 8 for availing compounding by a taxable person 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 three months;
4) Not paying tax collected in contravention of the MGL fo

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andatory 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 GSTIN of another person;
20) Tampering/destroying any material evidence;
21) Disposing of /

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Who cannot use Settlement Commission?

Who cannot use Settlement Commission?
Question 13
Bill
Settlement Commission
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 13. Who cannot use Settlement Commission?
Ans. The following persons cannot avail of the facility of Settlement Commission?
i. No person can avail the facility of settlement more than twice. (section 23)
ii. A person cannot apply for settlement in any other matter where after passing of a settlement order, a person was convicted of any offence u

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How will the settlement between Centre, exporting state and importing state be done

How will the settlement between Centre, exporting state and importing state be done
Question 9
Bill
Overview of the IGST Act
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 9. How will the settlement between Centre, exporting state and importing state be done?
Ans. There would be settlement of account between the centre and the states on two counts, which are as follows-
* Centre and the exporting state: The exporting state shall pay the amount equal to the ITC of SGST

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How will the IGST be paid

How will the IGST be paid
Question 8
Bill
Overview of the IGST Act
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 8. How will the IGST be paid?
Ans. The IGST payment can be done utilizing ITC or by cash. However, the use of ITC for payment of IGST will be done using the following hierarchy,-
* First available ITC of IGST shall be used for payment of IGST;
* Once ITC of IGST is exhausted, the ITC of CGST shall be used for payment of IGST;
* If both ITC of IGST and

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What are the circumstances in which order of Settlement Commission can be revoked?

What are the circumstances in which order of Settlement Commission can be revoked?
Question 12
Bill
Settlement Commission
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 12. What are the circumstances in which order of Settlement Commission can be revoked?
Ans. (i) Order of Settlement Commission shall be void if it is later found that it was obtained by fraud or misrepresentation of facts. Thereafter proceedings covered by the settlement shall stand revived from the stage

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IGST Act is very small with very few definitions and major part catering to settlement commissioner. Whether provisions in CGST or SGST Act will apply to IGST Act

IGST Act is very small with very few definitions and major part catering to settlement commissioner. Whether provisions in CGST or SGST Act will apply to IGST Act
Question 7
Bill
Overview of the IGST Act
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 7. IGST Act is very small with very few definitions and major part catering to settlement commissioner. Whether provisions in CGST or SGST Act will apply to IGST Act?
Ans. Yes, Section 27 of the IGST Act provides that vari

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