Amendment of section 138.
140. In section 138 of the Central Goods and Services Tax Act,––
(a) in sub-section (1), in the first proviso,––
(i) for clause (a), the following clause shall be substituted, namely:––
“(a) a person who has been allowed to compound once in respect of any of the offences specified in clauses (a) to (f), (h), (i) and (l) of sub-section (1) of section 132;”;
(ii) clause (b) shall be omitted;
(iii) for clause (c), the following clause shall be substituted, namely:––
“(c) a person who has been accused of committing an offence under clause (b) of sub-section (1) of section 132;”;
(iv) clause (e) shall be omitted;
(b) in sub-section (2), for the words “ten thousand rupees or fifty per cent. of the tax involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty per cent. of the tax, whichever is higher”, the words “twenty-five per cent. of the tax involved and the maximum amount not being more than one hundred per cent. of the tax involved” shall be substituted.
Notes on Clauses:
Clause 140 of the Bill seeks to amend first proviso to sub-section (1) of section 138 of the Central Goods and Services Tax Act so as to exclude the persons involved in offences relating to issuance of invoices without supply of goods or services or both from the option of compounding of the offences under the said Act.
It further seeks to amend sub-section (2) so as to rationalise the amount for compounding of various offences by reducing the minimum as well as maximum amount for compounding.
