Sub-section (3) of section 138 provides that on payment of compounding amount no further proceeding to be initiated under this Act and criminal proceeding already initiated shall stand abated.
Yes. The lower limit for compounding amount is to be the greater of the following amounts: – • 50% of tax involved, or • Rs. 10,000. The upper limit for compounding amount is to be greater of the following amounts: – • 150% of tax involved or • Rs. 30,000.
Yes. As per section 138 of the CGST/SGST Act, any offence, other than the following, may upon payment of the prescribed (compounding) amount be compounded and such compounding is permissible either before or after the institution of prosecution: • Offences numbered 1 to 6 of the 12 major offences (outlined in Q. 16 above), if … Read more
Section 320 of the Code of Criminal Procedure defines “compounding” as to forbear from prosecution for consideration or any private motive.
Yes. Section 137 of the CGST/SGST ACT provides that every person who was in-charge of or responsible to a company for the conduct of its business shall, along-with the company itself, be liable to be proceeded against and punished for an offence committed by the company while such person was in-charge of the affairs of … Read more
While committing an act, a “culpable mental state” is a state of mind wherein- • the act is intentional; • the act and its implications are understood and controllable; • the person committing the act was not coerced and even overcomes hurdles to the act committed; • the person believes or has reasons to believe … Read more
Yes. However, Section 135 presumes the existence of a state of mind (i.e. “culpable mental state” or mensrea) required to commit an offence if it cannot be committed without such a state of mind
Yes. No person shall be prosecuted for any offence without the prior sanction of the designated authority.
In terms of Section 132(4) and 132(5) of CGST/SGST Act all offences where the evasion of tax is less than Rs.5 crores shall be non-cognizable and bailable, all offences where the evasion of tax exceeds Rs.5 crores shall be cognizable and non- bailable.
The scheme of punishment provided in section 132(1) is as follows: