TMI BlogPunishment for certain offences Section 132X X X X Extracts X X X X X X X X Extracts X X X X ..... of the provisions of this Act , or the rules made thereunder leading to wrongful availment or utilisation of input tax credit or refund of tax; (c) avails input tax credit using the invoice or bill referred to in clause (b) or fraudulently avails input tax credit without any invoice or bill ; (d) collects any amount as tax, but fails to pay the same to the government beyond a period of three months from the date on which such payment becomes due; (e) evades tax or fraudulently obtains refund and where such offence is not covered under clauses (a) to (d) above; (f) falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 132(1) Description of offence Period of imprisonment (i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees (Rs 5 crore); with imprisonment for a term which may extend to five years and with fine ; (ii) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds two hundred lakh rupees (Rs 2 crore), but does not exceed five hundred lakh rupees (Rs 5 crore), with imprisonment for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e with imprisonment for a term which may extend to five years and with fine. Cognizable and non- bailable offences (i.e. in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees (Rs 5 crore ) of that sub-section shall be cognizable and non-bailable. As Per Section 132(5) (6) The list of cognizable and non-bailable offences is given below : (a) Supply of any goods or services or both without issue of any invoice, in violation of the provisions of this Act or the rules made thereunder, with the intention to evade tax; (b) Issues of any invoice or bill without supply of goods or services o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed or utilised or the amount of refund wrongly taken, subject to minimum amount of 50% of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. Subject to Maximum amount Up to 60% of the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken, Subject to minimum amount of 40% of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. 2 Offence specified in clause (c) of section 132(1) of the CGST Act 3 Offence specified ..... X X X X Extracts X X X X X X X X Extracts X X X X
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