Amendment status not verified — confirm the current text below against the official source.
Non Appealabledecisions and orders. 123 C?pTER XIX .a..,·,.,-,l .. _..Jt,a ,· " · ,·', OFFENCES AN:Q PENALTIES 1:22. (1) Where a taxable pers?mwho- (i) suppliesany goods Qr services or both wifbputissue of any invoice or issues an incorrect or fafse invoice with regard to any such supply; (ii) issues any int?iceoi'biq\Vithoutsupply of goods or services or both in violation of the provisions of . this,Act or the rules made thereunder; (iii) collects any amount as tax but fails to pay the same to the Government beyonda period of three months from the :date, on which such payment becomes duer (iv) collects anytax'in contravention of theptovisions of this Act but fails to pay the same to the Government _ beyond a peried-ofthree months from the date on · which such payment becomes due; (v) fails to deduct the tax in terms of sub-section (I) of section Sl, 01: d¢ducts all amount which is less- than the; amount requiredto be deducted under the said sub-section, or where he fails to pay to the Government under, .. sub-section (2) thereof the amount de4qc?das'tax; .. (vi) fails to collect tax in terms of sub-section (1) of section 52, or collects an amount which is less than the amount , required to he. collected under th,esaid sµb-s?orio?fhere he fails to pay to the Government tn:· amount collected as tax under sub-section. (3) efseetion 52; (vji) takes or, µtilizes input tax credit without actual · receipt of goods or services or both. either fully or partially, in contr.wentio.n ,Qf;the provisions of this · Act; or the .rules made thereunder: ;, (viii) fraudulentlyobtains refund of tax under this Act; (ix) takes Of'distributes inpunaxcredit in contravention of section 20',,ar the rules made thereunder; (x) falsifi?:-<>rsubstjµii.tesfinancial records or produces · fake aceeunts cQJ:documents or furnishes any false informatiQ.Q Ol· return· with?? intention to evade payment ofaax-:due.under thi4> · Act: Penalty for certain offences. (xi) (xii) '(xiii) «.\i.' (xiv) (xv) (xvi) (xvii) 124 is liable to be regi,$feize$i under this Act. but fails to obtain registration; · furnishes any false information with regard to registration partlculars, either at the time of applying for registration, or subsequently; obstructs or prevents any officer in discharge of his duties· under this Act; transports any taxable goods without the cover of documents as may be specified in this behalf; suppresses his .turnover leading to evasion of tax under this Act; fails to keep. maintain or retain books of account and other· ·documents in accordance with the provisionsof this Actor the rules made thereunder; fails to furnish information or documents called for by an officer in accordance with the provisions of this Act or the rules made thereunder or furnishes false information or documents during any proceedings under this Act; (mil) supplies, transports or stores any goods which he has reasons to believe are liable to confiscation under this Act; (xix) issues any invoice or document by using the registration number ·of another registered person; (xx) tampers with, ordestroys any material evidence or documents; (xxi) disposes off or tampers with any goods that have been detained, seized, or attached under this Act. he shall be liable to pay a penalty of ten thousand rupees or an amount . equivalent to the tax evaded or the tax not deducted under section 51 or short deducted or deducted but not paid to the Government or tax not collected under section 52 or short collected or collected but not paid to the Government or inputtax credit availed of or passed on or distributed irregularly, or the refund claimed fraudulently, whichever is higher. · (2) Any registered person who supplies any goods or services or both on which any tax has nQt been paid or short-paid or erroneously refunded, or where the input tax credit has been wronglyavailed or utilised fur any reason, other than the reason of fraud· or any willful misstatement or suppression of facts to evade tax, shall be liable to a penalty often thou.sand rupees or ten per cent of'the tax due from such person, whichever is higher. 125 (3) Any person who- (a) aids or abets any of the offences specified in clauses (i) to (xxi) of sub-section (l}; (b) acquires possession of, or in any way concerns himself in transporting. removing, depositing, keeping, concealing, supplying, or purchasingor in any other manner deals with any goods which he knows or has reasons to believe are liable to confiscation under this Act or the rules made thereunder; / (c) receives or is in any way concerned with the supply of, or in any other manner deals with any supplyof services which he knows or has reasons to believe are in contravention of any provisions of this Act or the rules made thereunder; (d) fails to appear before the officer of State tax, when issued with a summon for appearance to give evidence or produce a document in an inquiry; (e) fails to issue invoice in accordance with the provisions of this Act or the rules made thereunder or fails to account for an invoice in his books of account, shall be liable to a penalty which may extend to twenty five thousand rupees.