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TMI BlogCompounding of an offence [ Section 138 ]X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) and (l) of section 132(1) ; a person who has been accused of committing an offence under clause (b) of section 132(1) ; a person who has been convicted for an offence under this Act by a court; any other class of persons or offences as may be prescribed. Either before or after the institution of prosecution, applicant can may, make an application under section 138(1) in FORM GST CPD-01 to the Commissioner for compounding of an offence. [ Rule 162(1) of CGST Rules ] On receipt of the application, the Commissioner shall call for a report from the concerned officer with reference to the particulars furnished in the application, or any other information, which may be considered relevant for the examination of such application. [ Rule 162(2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing more than 100% of the tax involved As per Section 138(3) On payment , the proceedings indicated will abate and no criminal proceedings can be launched. Payment of Compounding Amount [ Rule 162(6) (7) ] The applicant shall, within a period of 30 days from the date of the receipt of the order under rule 162(3) , pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him. [ Rule 162(6) ] In case the applicant fails to pay the compounding amount within 30 days from the date of receipt of order under rule 162(3), the order made under rule 162(3) shall be vitiated and be void. [ Rule 162(7) ] Determination of Compounding amount [ Rule 162(3) ] (w.e.f. 01.10.2023) The Commissioner shall determi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commission of offences mentioned in clause (a), (c) to (f) and clauses (h) and (i) of section 132(1) of the CGST Act Amount equivalent to 25% of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. Amount equivalent to 25% of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. Provided that where the offence committed by the person falls under more than one category specified in the Table above, the compounding amount, in such case, shall be the amount determined for the offence for which higher compounding amount has been prescribed. In case of concealment of material facts Immunity granted c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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