Penalty for nonpayment of GST or Input Credit wrongly availed or utilized under GST by way of fraud or otherwise

Penalty for nonpayment of GST or Input Credit wrongly availed or utilized under GST by way of fraud or otherwise

1.0 Introduction 

This is a standout amongst the most talked about punishments under the GST law since it might be collected for each situation where assess isn't paid or short paid. Area 73 and segment 74 of CGST act oversees this punishment. 

Further, the quantum of punishment additionally increments if the assessment isn't paid or short paid for the reason of misrepresentation or any resolved misquote. Give us a chance to talk about the idea of this punishment in detail: 

2.0 When the punishment can be demanded under these segments 

The punishment under these areas can be exacted in the accompanying cases: 

On the off chance that the assessment isn't paid 

On the off chance that the assessment is short paid 

The expense has been mistakenly discounted 

The ITC has been wrongly guaranteed or used 

Further, if in any of the aforementioned cases, it is demonstrated that it was done stubbornly, at that point the quantum of the punishment might increment. Give us a chance to examine the quantum of punishment that can be imposed. 

3.0 Quantum of Penalty on the off chance that OTHER THAN FRAUD OR WILLFUL MISSTATEMENT 

The individual obligated to pay assess has not paid the duty or short paid or incorrectly discounted or ITC has been wrongly guaranteed or used, for reason other than extortion or resolved error or concealment of certainties, at that point the quantum of the punishment should be as per the following: 

Zero, if the sum due is paid with enthusiasm preceding inside 30 days of issue of SCN. 

10% of the sum due or Rs.10,000 whichever is more noteworthy in settling. 

10% of the sum due or Rs.10,000 which is higher if self-evaluated duty or self-sum gathered as an assessment not paid inside 30 days from the due date. 

4.0 Quantum of Penalty IN CASE OF FRAUD OR WILLFUL MISSTATEMENT 

The individual subject to pay charge has not paid the duty or short paid or incorrectly discounted or ITC has been wrongly asserted or used, for reason other than extortion or obstinate misquote or concealment of certainties, at that point the quantum of the punishment should be as per the following: 

15% of the sum due if the same is paid with enthusiasm on claim ascertainment preceding the issue of Show Cause Notice (SCN). 

25% of the sum due if the same is paid with enthusiasm inside 30 days of issuance of the notice. 

half of the sum if the same is paid with enthusiasm inside 30 days of arbitration. 

100% of the sum due or Rs.10,000 whichever is higher.


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