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PENALTY UNDER SECTION 127, Goods and Services Tax - GST |
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PENALTY UNDER SECTION 127 |
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Dear experts Plz peruse the following: Power to impose penalty in certain cases. 127. Where the proper officer is of the view that a person is liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 74 1[or section 74A] or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person. Query: What is amount of penalty leviable under Section 127? And what are the specific certain cases to invoke this section? Posts / Replies Showing Replies 1 to 9 of 9 Records Page: 1
Dear Sir, It is a residual penalty for breach of any provisions of the CGST Act, if no penalty has been prescribed for the offences other than the offences covered under Sections 62, 63, 64, 73, 74, 74A, 129 and 130. The object of Section 127 is to plug all escape routes for the offenders.
True Sir. But the question of how much penalty is the darker than moonless night.
This is the provision that authorises the issuance of order of penalty. Penalty could be the general penalty u/s 125 or any other sections not mentioned in s 127. S. 127 pertains to the manner of demanding the penalty.
Dear Sir, Section 127 is silent on the quantum of penalty to be imposed upon. Either the expression, "such penalty" has to be clarified by the Board or the quantum of penalty has to be specifically mentioned in Section 127 by way of amendment. No other way-out.
Dear Sir, Offences punishable under Sections 62, 63, 64, 73, 74, 74 A, 129, and 130 are clearly out of scope of Section 127. Sections 125 and 127 independent of each other.
Dear Sir It is high time for the CBIC to clarify, why has Parliament introduced Section 127? And what is the pre-requisite condition for the applicability of Section 127 ?Till then the officers invoking this section have to be very cautious.
In my view, penalty should be imposed as per the principles set out in Section 126
In my personal opinion, Section 126 provides immunity from penalty for bona fide minor breaches as explained therein. So no link can be extended to Section 127.
Dear Sir, At present the need is to identify the specific offences punishable under Section 127 excluding offences punishable under Sections 125, 126 and other Sections mentioned in Section 127 as already raised by you above. This reply is to be read with my above replies.
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