TMI - Tax Management India. Com

Follow us:   Share on facebook   Share on twitter   Share on linkedin
Discussions Forum
Home Forum Goods and Services Tax - GST This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

Penalty for wrong issuance of invoice is overall or per invoice, Goods and Services Tax - GST

Issue Id: - 118441
Dated: 23-3-2023
By:- Abhijeet Mane
Penalty for wrong issuance of invoice is overall or per invoice

  • Contents

Whether the penalty for wrong issuance of invoice is 10,000 per invoice or is it overall 10,000 irrespective of number of invoice.

Post Reply

Posts / Replies

Showing Replies 1 to 6 of 6 Records

Page: 1

1 Dated: 23-3-2023

It is per offence.

2 Dated: 24-3-2023
By:- Padmanathan Kollengode

Abhijeet sir,

pls elaborate what is the actual mistake in invoice.

3 Dated: 25-3-2023
By:- Abhijeet Mane

Wrong HSN, however no impact on rate

4 Dated: 25-3-2023

Mere wrong mention of HSN, especially, in the event of no revenue loss has been caused, is exonerable procedural offence. Although as per GST Rules, penalty is imposable, yet it being a minor offence is ignorable. Practically, the department does not impose penalty in such cases.

5 Dated: 25-3-2023
By:- Amit Agrawal

No penalty, in given facts, due to Section 126 (1) of the CGST Act, 2017.

These are ex facie views of mine and the same should not be construed as professional advice / suggestion.

6 Dated: 29-3-2023
By:- Padmanathan Kollengode

Agreed with the views of the experts. This is not "wrong issuance of invoice" but only a "mistake in the invoice issued". Hence, general penalty can be levied which can be justified under Section 126.

It is assumed that mistake in HSN was clerical error and not misclassification and also that the correct rate of tax is collected and paid. The facts of the case has to be seen holisticaly.

Page: 1

Post Reply