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Sec 126 of CGST Act with regard to Penalties, Goods and Services Tax - GST

Issue Id: - 117044
Dated: 1-3-2021
By:- Krishna Murthy
Sec 126 of CGST Act with regard to Penalties

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Sir, Sec 126 of CGST Act, General disciplines related to penalty, Sub Sec 6 says that the provision does not apply to a case where penalty is fixed as percentage or fixed amount. But, what could be a case where penalty is not fixed as percentage or fixed amount as penalty is always certain percentage of tax or fixed based on default committed.

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Showing Replies 1 to 5 of 5 Records

1 Dated: 1-3-2021
By:- Alkesh Jani

Shri

Can you please elaborate by way of illustration if possible.


2 Dated: 1-3-2021
By:- KASTURI SETHI

By way of sub-section 6 of Section 126 of CGST Act, Govt. has widened the scop of imposing penalty upon the defaulter. Sub-section 6 isolates Section 126 from all other Sections meant for imposing penalties i.e. Section 73, 74, 122 to 125.


3 Dated: 1-3-2021
By:- Krishna Murthy

Sir, thanks for your response. Penalties are normally imposed as a percentage of tax as in the case of Sec 73 and 74 in few instances and as a fixed sum as in the case of Sec 125. When Sec 126(6) overrides these two instances, where could the application of Sec 126 be made. What could be a situation when Sec 126 be applicable.


4 Dated: 2-3-2021
By:- DR.MARIAPPAN GOVINDARAJAN

Section 126 of the Act prescribed the procedure to be followed in imposing penalty. Penalty shall not be imposed straightaway. Even in minor breaches penalty has been imposed. Such things shall not be done. Where penalty is not fixed as percentage, it is at the discretion of the Authority to impose penalty considering the facts and circumstances of the case. If there is a fixed rate of penalty then there is no other go except to impose the fixed penalty.


5 Dated: 2-3-2021
By:- KASTURI SETHI

I support the views of Dr.Govindarajan, Sir. Section 126 is a sea and this Section gives vast powers to the department for imposition of penalty which is not covered in other Sections meant for imposition of penalty.


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