Goods And Service Tax (B.Com) 3rd Sem Previous Year Solved Question Paper 2022

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14.

Explain various offences and Penalties under GST.

Explanation

Under the Goods and Services Tax (GST) regime in India, there are several offenses and penalties prescribed for non-compliance. These offenses can lead to penalties, fines, and legal actions. Here are some of the key offenses and corresponding penalties:

1. Failure to Register:
 - Offense: If a person is liable to register under GST but fails to do so.
 - Penalty: A penalty of up to 10% of the tax due, subject to a minimum of Rs. 10,000.

2. Supply of Goods/Services without an Invoice:
 - Offense: Making a supply of goods or services without issuing a proper tax invoice.
 - Penalty: A penalty of 100% of the tax amount involved, or Rs. 10,000, whichever is higher.

3. Issuing False Invoice:
 - Offense: Issuing a false or fake invoice, including cases where invoices are issued without the supply 
of goods or services.
 - Penalty: A penalty of 100% of the tax amount involved, or Rs. 10,000, whichever is higher.

4. Availing Ineligible Input Tax Credit:
 - Offense: Claiming Input Tax Credit (ITC) on ineligible or fake invoices.
 - Penalty: A penalty of 100% of the ineligible credit claimed.

5. Suppressing Sales and Evading Tax:
 - Offense: Deliberately suppressing sales or income to evade taxes.
 - Penalty: A penalty of up to 100% of the tax evaded.

6. Non-filing or Late Filing of GST Returns:
 - Offense: Not filing GST returns within the specified due dates or filing late returns.
 - Penalty: A late fee of Rs. 100 per day of delay, subject to a maximum of Rs. 5,000.

7. Non-compliance by E-commerce Operators:
 - Offense: E-commerce operators not deducting or depositing Tax Collected at Source (TCS) or not filing required returns.
 - Penalty: A penalty of up to 100% of the tax amount involved.

8. Contravention of E-way Bill Rules:
 - Offense: Violating E-way Bill rules or not generating E-way bills when required.
 - Penalty: A penalty of 10% of the value of the goods involved, subject to a minimum of Rs. 1,000.

9. Transporting Goods without Proper Documents:
 - Offense: Transporting goods without the necessary documents, including invoices and E-way bills.
 - Penalty: A penalty of up to 50% of the value of the goods.

10. Other Offenses:
 - There are various other offenses related to GST, such as not maintaining proper records, not allowing tax authorities access to records, or obstructing tax officials in the performance of their duties. Penalties for these offenses vary.