Examine the implications regarding the bailability and quantum of punishment on prosecution in respect of the following cases pertaining to the month of August, 2025 under the Central Goods and Services Tax Act, 2017: Da

CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · June 2026
Examine the implications regarding the bailability and quantum of punishment on prosecution in respect of the following cases pertaining to the month of August, 2025 under the Central Goods and Services Tax Act, 2017: Daksh collects ₹ 272 lakh as tax from his clients and deposits ₹ 265 lakh with the Central Government. It is found that he has falsified financial records and has not maintained proper books of account.

Answer & Explanation:

Failure to pay any amount collected as tax beyond 3 months from due date of payment is a specified offence as per clause (d) of Section 132(1). In the present case, failure to deposit the tax is of ₹ 7 lakh (₹ 272 lakh - ₹ 265 lakh). Prosecution: Since the amount of tax involved does not exceed ₹ 100 lakh (₹ 1 crore): As per section 132, no imprisonment is prescribed where the amount of tax involved is below ₹ 1 crore. Therefore, prosecution leading to imprisonment is not attracted in this case. Bailability: Not relevant as imprisonment provision is not triggered. Punishment for Falsification of records: As per sec 132(1)(f): A person who falsifies or substitutes financial records or produces fake accounts or documents or furnishes any false information with an intention to evade payment of tax due under this Act; shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. Bailability: Bailable

Topics: GST

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