Information related to Section 132 of the CGST Acr, 2017

[Rajesh Kumar]

Sir/ Madam,

1. Section 132 (1)-

…………shall be punishable––

(i) in cases where the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken exceeds five hundred lakh rupees, with imprisonment for a term which may extend to five years and with fine;

I want to know that whether the said part of section 132 covers CGST + SGST / IGST portion for five crores or only CGST portion required for 5 Crores.

2. Further Section 132 (1) (d) says :

(d) collects any amount as tax but fails to pay the same to the Government beyond a period of three months from the date on which such payment becomes due;

There if taxpayer files GSTR-1 but not filed 3B or short paid through GSTR -3B which results short payment or non payment of more than five crores but payment from the customer is not received in the bank account.

Whether can Department covers this act for arrest under 132(1)(d) even payment not received from the customer but invoices have been issued and GSTR-1 has been filed accordingly.

Regards

AI Summary

Debate on Section 132 of CGST Act: Does it Cover CGST, SGST, IGST for Evasion Over 5 Crores? A discussion on Section 132 of the CGST Act, 2017, focuses on whether the section covers CGST, SGST, and IGST collectively for tax evasion exceeding five crores. Participants debate if the section applies when invoices are issued, but payments are not received, and GSTR-1 is filed without GSTR-3B. The explanation clarifies that 'tax' includes all GST types and cess. It is noted that non-payment after collection is punishable, and tax evasion without collection may not lead to arrest under Section 132(1)(d), but prosecution under other clauses is possible if taxes are evaded.