During the month of July, 2023, GST Office, Mumbai conducted search into the premises of M/s NTR Private Limited and found issue of fake invoices without any supply of goods or services involving a fake ITC claim of ₹ 2.

CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · June 2024
During the month of July, 2023, GST Office, Mumbai conducted search into the premises of M/s NTR Private Limited and found issue of fake invoices without any supply of goods or services involving a fake ITC claim of ₹ 2.25 Crore. The company desires to pay the compounding fees to avoid court proceedings being a time-consuming and expensive process and wants to know the maximum amount of fee to be paid as such.

Answer & Explanation:

As per the recent changes introduced through The Finance Act, 2023 With effect from 1 st October, 2023, there has been a change in the monetary limits for prosecution and compounding (except in the cases involving fake invoicing) the prosecution threshold has been amended from ₹ 1 crore to ₹ 2 Crore. Also, the prescribed fees for compounding of GST offences have been reduced to the range of 25% to 100% of the tax amount involved (as opposed to the earlier 50 to 150%). However, option of compounding has been taken away for cases of fake invoicing. Thus, as per above changes introduced, M/s NTR Private Limited now would not be entitled to avail the benefit of compounding of offences involving fake invoicing and resulting in fake ITC claims.

Topics: Goods and Services Tax (GST)

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