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GST Law — Sections 122-138

GST Penalties & Offences — Complete Guide

Comprehensive guide to GST offences, penalty amounts, prosecution provisions, compounding options, and post-decriminalization changes from the 49th Council Meeting.

122-138
Sections
5 Years
Max Jail
₹2 Cr+
Threshold
25-100%
Compounding

Offence Categories & Provisions

Invoice-Related Offences (Sec 122)
  • Issuing invoice without supply of goods/services (fake invoices)
  • Issuing incorrect invoice — wrong tax amount or HSN
  • Collecting GST but not depositing to government within prescribed time
  • Taking ITC without actual receipt of goods/services
  • Fraudulently obtaining refund of tax
  • Issuing invoice using another registered person's GSTIN
Registration Offences (Sec 122)
  • Supplying goods/services without GST registration (compulsory registration)
  • Not obtaining registration when liable under reverse charge
  • Supplying goods/services in contravention of registration conditions
  • Voluntarily not filing returns for a continuous period
  • Failure to furnish information/documents required by proper officer
  • Obstructing/preventing any officer from performing duties
Penalty Amounts (Sec 122-125)
  • Section 122(1): Higher of ₹10,000 OR amount of tax evaded/ITC wrongly claimed
  • Section 122(2): For persons aiding — ₹25,000 penalty
  • Section 123: Failure to report supply — ₹10,000 or tax involved (whichever higher)
  • Section 124: Failure by taxable person to deduct TDS — ₹10,000
  • Section 125: General penalty — up to ₹25,000 for contravention not specified elsewhere
  • Post-49th Meeting (2023): Prosecution threshold raised from ₹1 Cr to ₹2 Cr
Prosecution & Arrest (Sec 132)
  • Cognizable offences (arrest without warrant): Tax evasion > ₹5 Cr
  • Non-cognizable: Tax evasion between ₹2 Cr and ₹5 Cr
  • Maximum imprisonment: 5 years for tax evasion > ₹5 Cr
  • 3 years for tax evasion ₹2 Cr - ₹5 Cr
  • 1 year for tax evasion ₹1 Cr - ₹2 Cr (post-decriminalization: no prosecution below ₹2 Cr)
  • Repeat offenders: Sentence may extend to 5 years + fine
Compounding (Sec 138)
  • Offences (except fake invoices/fraud) can be compounded by paying amount
  • Compounding amount: 25% to 100% of tax involved (reduced from 25-150% post-49th Meeting)
  • Cannot compound if: already compounded once for same offence
  • Cannot compound: offences involving fraud, willful misstatement, suppression
  • Application to Commissioner: must be filed before prosecution starts
  • On compounding: no further proceedings for that offence
Decriminalization (49th Meeting Update)
  • Prosecution threshold raised: ₹1 Cr → ₹2 Cr (no prosecution below ₹2 Cr)
  • Compounding range reduced: 25-150% → 25-100% of tax
  • Certain offences decriminalized entirely — treated as civil (penalty only)
  • Section 132(1)(b): Fake invoices without actual supply — remains criminal
  • Section 132(1)(c): Fraudulent refund claim — remains criminal regardless of amount
  • Effective from: Notified via CGST Amendment Act 2023

Penalty & Prosecution Quick Reference

OffenceSectionPenaltyProsecution
Tax evasion / Wrong ITC122(1)(i)-(x)₹10,000 or tax amount (higher)Above ₹2 Cr
Fake invoices (no supply)132(1)(b)₹10,000 + tax amountAny amount (criminal)
Fraudulent refund132(1)(c)Tax amount + interestAny amount (criminal)
General non-compliance125Up to ₹25,000No
Aiding/abetting offence122(3)₹25,000Above ₹2 Cr
Failure to deduct TDS124₹10,000No
Obstructing officer122(1)(xv)₹10,000 or tax (higher)Above ₹2 Cr
Non-filing of returns122(1)(xi)₹10,000 or tax (higher)No (late fee applies)

Frequently Asked Questions

What are the main offences under GST law?

GST offences are primarily defined in Sections 122-138 of the CGST Act 2017. They include: (1) Supply without registration; (2) Issuing invoices without actual supply (fake invoices); (3) Collecting GST but not remitting to government; (4) Taking ITC without receiving goods/services; (5) Fraudulently claiming refunds; (6) Suppression of turnover; (7) Failure to file returns; (8) Obstructing officers. The severity ranges from minor (₹10,000 penalty) to criminal prosecution with imprisonment up to 5 years.

What is the prosecution threshold after decriminalization?

After the 49th GST Council Meeting (February 2023) and subsequent CGST Amendment Act 2023: (1) Prosecution threshold raised from ₹1 Cr to ₹2 Cr — no criminal prosecution for tax evasion below ₹2 Cr; (2) EXCEPTIONS: Fake invoicing (Sec 132(1)(b)) and fraudulent refund claims (Sec 132(1)(c)) remain criminal regardless of amount; (3) Offences below ₹2 Cr are treated as civil matters — penalty/interest only, no imprisonment; (4) Compounding range reduced from 25-150% to 25-100% of tax involved.

Can GST officers arrest taxpayers?

Yes, but with strict conditions: (1) Cognizable arrest (without warrant): Only for offences where tax evasion exceeds ₹5 Crore; (2) Non-cognizable: Tax evasion ₹2-5 Cr requires arrest warrant from court; (3) Below ₹2 Cr: No arrest or prosecution (post-2023 amendment); (4) Commissioner's approval required for all arrests; (5) Person must be produced before magistrate within 24 hours; (6) Bail is generally available for non-cognizable offences. In practice, arrests are rare — primarily used for fake invoice rackets and large-scale evasion networks.

What is compounding of GST offences?

Compounding (Section 138) is a settlement mechanism where the accused pays a monetary amount to close the case without prosecution: (1) Amount: 25-100% of tax involved (post-49th Meeting reduction from 25-150%); (2) Who can apply: Accused must apply to Commissioner before prosecution proceedings begin; (3) Not available for: Repeat offenders, fraud/willful misstatement, fake invoices where prosecution already started; (4) Effect: Once compounded, no further criminal proceedings for that offence; (5) Doesn't affect civil liability — tax + interest must still be paid separately. It's essentially 'paying to avoid jail'.

What penalties apply for late filing of GST returns?

Late filing penalties: (1) GSTR-3B/GSTR-1: ₹50/day (₹25 CGST + ₹25 SGST) with maximum cap of ₹5,000 per return period — reduced to ₹20/day for NIL returns; (2) Annual return GSTR-9: ₹200/day (₹100+₹100) up to 0.25% of turnover; (3) After cancellation: Continued non-filing leads to registration cancellation; (4) Under Section 122: Wilful non-filing for continuous period = separate offence with ₹10,000 or tax penalty; (5) Interest: 18% per annum on outstanding tax from due date. Note: Multiple amnesty schemes have been offered (48th, 49th Council Meetings) to bring non-filers back into compliance.

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