Is ‘mensrea’ or culpable mental state necessary for prosecution under CGST/SGST Act?

Is ‘mensrea’ or culpable mental state necessary for prosecution under CGST/SGST Act?
Question 17
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 17. Is 'mensrea' or culpable mental state necessary for prosecution under CGST/SGST Act?
Ans. Yes. However, Section 135 presumes the existence of a state of mind (i.e. “culpable mental state” or mensrea) required to commit an offence if it cannot be committed without such a state

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Is prior sanction of competent authority mandatory for initiating prosecution?

Is prior sanction of competent authority mandatory for initiating prosecution?
Question 16
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 16. Is prior sanction of competent authority mandatory for initiating prosecution?
Ans. Yes. No person shall be prosecuted for any offence without the prior sanction of the designated authority.

Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxa

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What are cognizable and non-cognizable offences under CGST/SGST Act?

What are cognizable and non-cognizable offences under CGST/SGST Act?
Question 15
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 15. What are cognizable and non-cognizable offences under CGST/SGST Act?
Ans. In terms of Section 132(4) and 132(5) of CGST/SGST Act
• all offences where the evasion of tax is less than ₹ 5 crores shall be non-cognizable and bailable,
• all offences where the evasion of tax exceed

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What is the punishment prescribed on conviction of any offence under the CGST/SGST Act?

What is the punishment prescribed on conviction of any offence under the CGST/SGST Act?
Question 17
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 17. What is the punishment prescribed on conviction of any offence under the CGST/SGST Act?
Ans. The scheme of punishment provided in section 132(1) is as follows:
Offence involving
Punishment (Imprisonment extending to)
Tax evaded exceeding ₹ 5 crore or repeat offender250

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Which are the offences which warrant prosecution under the CGST/SGST Act?

Which are the offences which warrant prosecution under the CGST/SGST Act?
Question 14
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 14. Which are the offences which warrant prosecution under the CGST/SGST Act?
Ans. Section 73 of the CGST/SGST Act codifies the major offences under the Act which warrant institution of criminal proceedings and prosecution. 12 such major offences have been listed as follows:
a) Making a supply without issuing an invoice or upon issuance of a false/incorrect invoice;
b) Issuing an invoice without making supply;
c) Not paying any amount collected as tax for a period exceeding 3 months;
d) Availing or utilizing credit of input tax witho

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What is Prosecution?

What is Prosecution?
Question 13
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 13. What is Prosecution?
Ans. Prosecution is the institution or commencement of legal proceeding; the process of exhibiting formal charges against the offender. Section 198 of the Criminal Procedure Code defines “prosecution” as the institution and carrying on of the legal proceedings against a person.

Statute, statutory provisions legisla

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Can any conveyance carrying goods without cover of prescribed documents be subject to confiscation?

Can any conveyance carrying goods without cover of prescribed documents be subject to confiscation?
Question 12
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 12. Can any conveyance carrying goods without cover of prescribed documents be subject to confiscation?
Ans. Yes. Section 130 provides that any conveyance carrying goods without the cover of any documents or declaration prescribed under the Act shall be liable to confis

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After confiscation, is it required to give option to the person to redeem the goods?

After confiscation, is it required to give option to the person to redeem the goods?
Question 11
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 11. After confiscation, is it required to give option to the person to redeem the goods?
Ans. Yes. In terms of section 130(2), the Owner or the person in-charge of the goods liable to confiscation is to be given the option for fine (not exceeding market price of confiscated goods) in

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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 10
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 10. 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 possession of the g

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Under which circumstances can goods be confiscated under CGST/SGST Act?

Under which circumstances can goods be confiscated under CGST/SGST Act?
Question 9
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 9. Under which circumstances can goods be confiscated under CGST/SGST Act?
Ans. Under Section 70 of the CGST Act, goods shall be liable to confiscation if any person:
• supplies or receives any goods in contravention of any provision of this Act and such contravention results in evasion of ta

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What is meant by confiscation?

What is meant by confiscation?
Question 8
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 8. 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 (private pro

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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 7
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 7. What is the penalty prescribed for a person who opts for composition scheme despite being ineligible for the said scheme?
Ans. Section 10(5) provides that if a person who has paid under composition levy is found as not being eligible for compound

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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 6.
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 6. 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 without the d

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What is the penalty provided for any contravention for which no separate penalty has been prescribed under CGST/SGST Act?

What is the penalty provided for any contravention for which no separate penalty has been prescribed under CGST/SGST Act?
Question 6
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 6. What is the penalty provided for any contravention for which no separate penalty has been prescribed under CGST/SGST Act?
Ans. Section 125 of the CGST/SGST Act provides that any person who contravenes any provision of the Act or the rules made un

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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 5
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 5. Is any penalty prescribed for any person other than the taxable person?
Ans. Yes. Section 122(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 transp

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What is the quantum of penalty provided for in the CGST /SGST Act?

What is the quantum of penalty provided for in the CGST /SGST Act?
Question 4
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 4. What is the quantum of penalty provided for in the CGST /SGST Act?
Ans. Section 122(1) provides that any taxable person who has committed any of the offences mentioned in section 122 shall be punished with a penalty that shall be higher of the following amounts:
• The amount of tax evaded, frau

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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, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
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 126 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 levelled

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What is meant by the term penalty?

What is meant by the term penalty?
Question 2
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
Q 2. What is meant by the term penalty?
Ans. The word “penalty” has not been defined in the CGST/SGST Act 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 off

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What are the prescribed offences under CGST/SGST Act?

What are the prescribed offences under CGST/SGST Act?
Question 1
Bill
Offences, Penalties, Prosecution and Compounding
Faq On GST (2nd Edition) Dated 31.3.2017
20. Offences, Penalties, Prosecution and Compounding
Q 1. What are the prescribed offences under CGST/SGST Act?
Ans. The CGST/SGST Act codifies the offences and penalties in Chapter XVI. The Act lists 21 offences in section 122, apart from the penalty prescribed under section 10 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 mo

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spite being liable to pay tax;
12) Furnishing false information regarding registration particulars either at the time of applying for registration or subsequently;
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;
1

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Are there any class of officers who are required to assist CGST/SGST officers?

Are there any class of officers who are required to assist CGST/SGST officers?
Question 32
Bill
Inspection, Search, Seizure and Arrest
Faq On GST (2nd Edition) Dated 31.3.2017
Q 32. Are there any class of officers who are required to assist CGST/SGST officers?
Ans. Under section 72 of CGST/SGST Act, the following officers have been empowered and are required to assist CGST/SGST officers in the execution of CGST/SGST Act. The categories specified are as follows:
i. Police;

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What are the precautions to be observed while issuing summons?

What are the precautions to be observed while issuing summons?
Question 31
Bill
Inspection, Search, Seizure and Arrest
Faq On GST (2nd Edition) Dated 31.3.2017
Q 31. What are the precautions to be observed while issuing summons?
Ans. The following precautions should generally be observed when summoning a person: –
(i) A summon should not be issued for appearance where it is not justified. The power to summon can be exercised only when there is an inquiry being undertaken a

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What are the guidelines for issue of summons?

What are the guidelines for issue of summons?
Question 30
Bill
Inspection, Search, Seizure and Arrest
Faq On GST (2nd Edition) Dated 31.3.2017
Q 30. What are the guidelines for issue of summons?
Ans. The Central Board of Excise and Customs (CBEC) in the Department of Revenue , Mini s t r y of Finance has issued guidelines from time to time to ensure that summons provisions are not misused in the field. Some of the important highlights of these guidelines are given below:
i. summons are to be issued as a last resort where assesses are not co-operating and this section should not be used for the top management;
ii. the language of the summons should not be harsh and legal which causes unnecessary mental stress and emb

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What can be the consequences of non- appearance to summons?

What can be the consequences of non- appearance to summons?
Question 29
Bill
Inspection, Search, Seizure and Arrest
Faq On GST (2nd Edition) Dated 31.3.2017
Q 29. What can be the consequences of non- appearance to summons?
Ans. The proceeding before the official who has issued summons is deemed to be a judicial proceeding. If a person does not appear on the date when summoned without any reasonable justification, he can be prosecuted under section 174 of the Indian Penal Cod

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What are the responsibilities of the person so summoned?

What are the responsibilities of the person so summoned?
Question 28
Bill
Inspection, Search, Seizure and Arrest
Faq On GST (2nd Edition) Dated 31.3.2017
Q 28. What are the responsibilities of the person so summoned?
Ans. A person who is issued summon is legally bound to attend either in person or by an authorized representative and he is bound to state the truth before the officer who has issued the summon upon any subject which is the subject matter of examination and to p

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When can the proper officer issue summons under CGST Act?

When can the proper officer issue summons under CGST Act?
Question 27
Bill
Inspection, Search, Seizure and Arrest
Faq On GST (2nd Edition) Dated 31.3.2017
Q 27. When can the proper officer issue summons under CGST Act?
Ans. Section 70 of CGST/SGST Act gives powers to a duly authorized CGST/SGST officer to call upon a person by issuing a summon to present himself before the officer issuing the summon to either give evidence or produce a document or any other thing in any inqu

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