Compounding Offences Under Section 138 CGST Act: Eligibility, Process, and Payment Requirements Explained.
Section 138 of the CGST Act, 2017 outlines the compounding of offences, which can occur before or after prosecution initiation and is managed by the Commissioner. Offences are compoundable only after the accused pays the tax, interest, and penalties. Compounding is not applicable for repeat offenders, those accused under specific clauses, convicted individuals, or as otherwise prescribed. The compounding amount ranges from 25% to 100% of the tax involved. Upon payment, no further proceedings will be initiated, and any existing criminal proceedings will be abated. Rule 162 details the application process, requiring FORM GST CPD-01, with decisions made within ninety days.
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