Section 126 of CGST Act, 2017 General disciplines related to penalty

 

 

General disciplines related to penalty, Sec 126 of CGST Act, 2017

 

The below post explains about General disciplines related to penalty under section 126 of CGST Act,2017.

 

Section 126 of CGST Act, 2017 explains General disciplines related to penalty as below: (The amendments if any will also be updated here soon).

 

The extract of Section 126 of CGST Act,2017 quoted below:

 

126 General disciplines related to penalty.

 

126. (1) 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.

Section 126 of CGST Act, 2017 General disciplines related to penaltyExplanation. ––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.

(2) 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.

(3) No penalty shall be imposed on any person without giving him an opportunity of

being heard.

(4) 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.

(5) 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.

(6) 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.

 

The above information clarifies about General disciplines related to penalty under section 126 of CGST Act,2017.  

 

If you have any comments about Section 126 of CGST Act, 2017 explaining General disciplines related to penalty, share below your thoughts:

 

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