Section 122
Penalty for certain offences.
GST
OFFENCES AND PENALTIES
Section 122 of Central Goods And Services Tax Act, 2017
CHAPTER XIX
OFFENCES AND PENALTIES
Penalty for certain offences.
122. (1) Where a taxable person who
(i) supplies any goods or services or both without issue of any invoice or issues an incorrect or false invoice with regard to any such supply;
(ii) issues any invoice or bill without supply of goods or services or both in violation of the provisions of this Act or the rules made thereunder;
(iii) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;
(iv) collects any tax in contravention of the provisions of this Act but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;
(v) fails to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deduct
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
th an intention to evade payment of tax due under this Act;
(xi) is liable to be registered under this Act but fails to obtain registration;
(xii) furnishes any false information with regard to registration particulars, either at the time of applying for registration, or subsequently;
(xiii) obstructs or prevents any officer in discharge of his duties under this Act;
(xiv) transports any taxable goods without the cover of documents as may be specified in this behalf;
(xv) suppresses his turnover leading to evasion of tax under this Act;
(xvi) fails to keep, maintain or retain books of account and other documents in accordance with the provisions of this Act or the rules made thereunder;
(xvii) fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act;
(xviii) supplies, transports or stores any goods which he has re
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ivalent to the tax evaded or input tax credit availed of or passed on.]
2[(1B) 3[Any electronic commerce operator, who is liable to collect tax at source under section 52,]-
(i) allows a supply of goods or services or both through it by an unregistered person other than a person exempted from registration by a notification issued under this Act to make such supply;
(ii) allows an inter-State supply of goods or services or both through it by a person who is not eligible to make such inter-State supply; or
(iii) fails to furnish the correct details in the statement to be furnished under sub-section (4) of section 52 of any outward supply of goods effected through it by a person exempted from obtaining registration under this Act,
shall be liable to pay a penalty of ten thousand rupees, or an amount equivalent to the amount of tax involved had such supply been made by a registered person other than a person paying tax under section 10, whichever is higher.]
(2) Any registered per
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
n under this Act or the rules made thereunder;
(c) receives or is in any way concerned with the supply of, or in any other manner deals with any supply of services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder;
(d) fails to appear before the officer of central tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry;
(e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account,
shall be liable to a penalty which may extend to twenty-five thousand rupees.
***************
NOTES:-
1.
Inserted vide Section 126 of the Finance Act, 2020 w.e.f. 01-01-2021
2.
Inserted vide Section 155 of the Finance Act, 2023 w.e.f. 01-10-2023
3.
Substituted vide Section 144 of the Finance (No. 2) Act, 2024 w.e.f. 01-10-20
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =