162.
What are the
prosecution implications under section 132 of the CGST Act in respect of the
following cases:
(i)
A avails ITC of Rs.4
crore without actual receipt of goods. However he is yet to utilize the same.
(ii)
B willfully evades
payment of tax of Rs.12 crore.
(iii)
C knowingly supplies
false information sought by the proper officer. The amount of tax involved is
Rs.50 lakh.
(iv)
D collects Rs.5 crore
as tax from its clients in Feb., 2018 but deposits only Rs.1 crore with the
central government by Nov., 20
(v)
E collects Rs.8 crore
from its clients in Feb., 2018 and deposits Rs.7 crore with the central government
by Apr., 20
In the above question what will be
the prosecution implications if B, D and E are convicted for subsequent
offences?
|
Person |
Prosecution |
|
A |
Imprisonment upto 3 years with fine [section 132(1)(ii)] |
|
B |
Imprisonment upto 5 years with fine [section 132(1)(i)] |
|
C |
Imprisonment upto 6 months or fine or both [section 132(1)(iv)] |
|
D |
Imprisonment upto 3 years with fine [section 132(1)(ii)] |
|
E |
Imprisonment upto 1 year and with fine [section 132(1)(l)(iii)] |
Prosecution implications if B, D and E are convicted for subsequent offences are as follows:
|
Person |
Prosecution
for subsequent offences |
|
B |
Imprisonment upto 5 years with fine [section 132(2) |
|
D |
Imprisonment upto 5 years with fine [section 132(2)] |
|
E |
Imprisonment upto 5 years with fine [section 132(2)] |