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Home Acts & Rules Bill Bills FINANCE BILL, 2021 Chapters List Customs This
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Clause 87 - Insertion of new section 114AC. - FINANCE BILL, 2021

FINANCE BILL, 2021
Customs
  • Contents

Insertion of new section 114AC.

87. After section 114AB of the Customs Act, the following section shall be inserted, namely:––

Penalty for fraudulent utilisation of input tax credit for claiming refund.

‘114AC. Where any person has obtained any invoice by fraud, collusion, willful misstatement or suppression of facts to utilise input tax credit on the basis of such invoice for discharging any duty or tax on goods that are entered for exportation under claim of refund of such duty or tax, such person shall be liable for penalty not exceeding five times the refund claimed.

Explanation.––For the purposes of this section, the expression “input tax credit” shall have the same meaning as assigned to it in clause (63) of section 2 of the Central Goods and Services Tax Act, 2017 (12 of 2017).’.

 



 

Notes on Clauses:

Clause 87 of the Bill seeks to insert a new section 114AC in the Customs Act so as to provide penalty for fraudulent utilisation of input tax credit for discharging any duty or tax on goods entered for exportation under claim of refund and such penalty shall be equivalent to five times the refund claimed.

 
 
 
 
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