Mohan, an unregistered person under GST, purchases the goods supplied by Ramesh who is a registered person without receiving a tax invoice from Ramesh and thus helps in tax evasion by Ramesh. A disciplinary action is tak
CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · June 2025
Mohan, an unregistered person under GST, purchases the goods supplied by Ramesh who is a registered person without receiving a tax invoice from Ramesh and thus helps in tax evasion by Ramesh. A disciplinary action is taken against Mohan and an ad hoc penalty of ₹20,000 is imposed by passing an order without describing contravention for which penalty is going to be imposed and without mentioning the provisions under which penalty is going to be imposed. Should Mohan proceed to pay for penalty or challenge the order passed by Department as per the provision of CGST Act, 2017.
Answer & Explanation:
Answer 4(a) The levy of penalty is subject to a certain disciplinary regime which is based on jurisprudence, principles of natural justice and principles governing international trade and agreements. Such general discipline is enshrined in section 126. Accordingly: no penalty is to be imposed without affording an opportunity of being heard to the person proceeded against to rebut the allegations levelled against him, the penalty is to depend on the totality of the facts and circumstances of the case, the penalty imposed is to be commensurate with the degree and severity of breach of the provisions of the law or the rules alleged. Therefore, Mohan should challenge the order imposing penalty.
Topics: Goods and Services Tax (GST)
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