Dear experts
Plz peruse the following:
Power to impose penalty in certain cases.
127. Where the proper officer is of the view that a person is liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 741[or section 74A] or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person.
Query:
What is amount of penalty leviable under Section 127? And what are the specific certain cases to invoke this section?
Plz elaborate.
Debate on GST Act Section 127 Penalty Provisions: Clarification Needed to Avoid Overlaps and Ensure Fair Enforcement. A discussion on a forum revolves around the penalty provisions under Section 127 of the GST Act. Participants express confusion about the section's intent, as it lacks clarity on the specific cases and quantum of penalties that can be imposed. Section 127 serves as a residual provision for penalties not covered under other sections like 62, 63, 64, 73, 74, 129, and 130. Some argue it overlaps with Section 125, which prescribes a general penalty. Others suggest that Section 127 is necessary to close loopholes for offenses not specified elsewhere. The debate highlights the need for legislative clarification to prevent misuse and ensure fair application. (AI Summary)
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