Chapter XIX (Sections 122-138) of the Central Goods and Services Tax (CGST) Act, 2017 deals with provisions related to offences and penalties. Section 126 of Central Goods and Services Tax Act, 2017 (12 of 2017) provides for General penalty under CGST Act 2017.
Recently, we have discussed in detail section 125 (i.e. General penalty) of CGST Act 2017. Today, we learn the provisions of section 126 of the CGST Act 2017. Complete Details of CGST Section 126 – General disciplines related to penalty. You may CLICK HERE to download list of all sections of CGST Act 2017 in PDF format.
Notes on Section 126 of CGST Act 2017
Section 126 of CGST Act 2017 shall come into force on 01.07.2017 vide Notification No. 9/2017 – Central Tax, G.S.R. 658(E), dated 28.06.2017. In this note, you will learn detail of the provisions of section 126 of CGST Act 2017 read with Central GST Rules 2017.
No officer under this Act shall impose any penalty for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligence.
Explanation: For the purpose of this sub-section, ––
(a) a breach shall be considered a ‘minor breach’ if the amount of tax involved is less than five thousand rupees;
(b) an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record.
The penalty imposed under this Act shall depend on the facts and circumstances of each case and shall be commensurate with the degree and severity of the breach.
No penalty shall be imposed on any person without giving him an opportunity of being heard.
The officer under this Act shall while imposing penalty in an order for a breach of any law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified.
When a person voluntarily discloses to an officer under this Act the circumstances of a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this Act, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person.
The provisions of this section shall not apply in such cases where the penalty specified under this Act is either a fixed sum or expressed as a fixed percentage.