Punishment Prescribed under Section 132(1) Under GST Law

Chart of Punishment Prescribed under Section 132(1) Under GST Law

  • Chart of Punishment Prescribed under Section 132(1)
ClauseAmount of Evasion (in Rupees.)ParticularTerm of Imprisonment

(i)

Above 5 Crore

 

The amount of tax evasion/ Wrongly availment/utilization of Input tax credit/ Refund

Imprisonment of a term which may extend  to 5 Years and fine [minimum 6 months (Sec 132 (3)]

(ii)

Duty/Tax evasion Above 2 Crore but below 5 Crore

The amount of tax evasion/Wrongly availment/utilization of Input tax credit/ Refund

Imprisonment of a term which may extend  to 3 Years and  fine [minimum 6 months (Sec 132 (3)]

(iii)

Duty/Tax         evasion Above 1 Cr but below 2 Crore

The amount of tax evasion/ Wrongly availment/utilization of Input tax credit/ Refund

Imprisonment of a term which may extend  to to 1 Year with fine [minimum 6 months (Sec 132 (3)]

(iv)

 

Where one commits or abets the commission of offence specified in clause (f) or (g) or (j)(Falsifies/ Obstructs/ Tampers)

Imprisonment of a term which may extend to 6 months or with fine or with both.

Repeat Offences:

Where any person convicted of an offence under this section is again convicted of an offence, then he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to five years and with fine.[ Section 132(2) ] •

  • The imprisonment referred to in clauses (i), (ii) and (iii) of sub-section (1) and sub-section (2) shall, in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the Court, be for a term not less than six months. [Section 132(3)]
  • Non-cognizable offence: Other offences under the Act, except the offences referred to in Section 132(5) are non-cognizable and bailable Section 132 (4)
  • Cognizable offence: All offences specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-section (1) and punishable under clause (i) of that sub-section where the amount of tax evaded exceeds Rs. 5 crores, shall be cognizable and non-bailable Section 132 (5)
Advocate Birbal Sharma

Education- M.Com, LL.B, DLL, LLM Practice Courts - Rajasthan High Court, Income Tax Appellate Tribunal and Intellectual Property Right Attorney Contact Number- 09785037216 Email ID-advocatebirbalsharma@gmail.com

Share
Published by
Advocate Birbal Sharma

Recent Posts

Supreme Court Rules Tiger Global’s $1.6 Billion Flipkart Sale Taxable in India-AAR (Income Tax) v. Tiger Global International Holdings

REPORTABLE Authority for Advance Rulings (Income Tax) & Ors Versus Tiger Global International II Holdings…

3 months ago

SUPREME COURT GRANTS BAIL IN ₹54.77 CRORE GST TAX EVASION CASE

RADHEY SHYAM & ANR. versus ASSISTANT COMMISSIONER SPECIAL LEAVE PETITION (CRL.) NO. 3559/2026 Introduction On…

3 months ago

Supreme Court Dismisses Writ Petition Against GST Show Cause Notice

M/S TRILLION LEAD FACTORY PRIVATE LTD VERSUSSUPERINTENDENT OF CENTRAL TAX Special Leave to Appeal (C) No(s).…

3 months ago

HIGH COURT RULINGS ON QUASHING OF GST REGISTRATION CANCELLATION

INTRODUCTION:- This Article aims to provide the recent rulings of High Court on quashing of…

4 months ago

High Court Quashes GST Registration Cancellation for Non-Speaking Order

ALLAHABAD HIGH COURT  WRIT TAX NO. 5924 OF 2025 M/S ANIL ART AND CRAFT  VERSUS …

6 months ago

RAJASTHAN AAR CLARIFIES 18% GST ON MINING ROYALTY PAID TO STATE GOVERNMENT

RAJASTHAN AAR CLARIFIES 18% GST ON MINING ROYALTY PAID TO STATE GOVERNMENT RAJASTHAN AUTHORITY FOR…

7 months ago