Provisions under Rule 162 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Procedure for Compounding of Offences”, are as under:
CGST Rule 162: Procedure for Compounding of Offences (Chapter-XIX: OFFENCES AND PENALTIES)
(1) An applicant may, either before or after the institution of prosecution, make an application under sub-section (1) of section 138 in FORM GST CPD 01 to the Commissioner for compounding of an offence.
(2) On receipt of the application, the Commissioner shall call for a report from the concerned officer with reference to the particulars furnished in the application, or any other information, which may be considered relevant for the examination of such application.
(3) The Commissioner, after taking into account the contents of the said application, may, by order in FORM GST CPD 02, on being satisfied that the applicant has co-operated in the proceedings before him and [text omitted from 01/10/2023: refer Note 1(a)] has made full and true disclosure of facts relating to the case, allow the application indicating the compounding amount and grant him immunity from prosecution or reject such application within ninety days of the receipt of the application.
(3A) The Commissioner shall determine the compounding amount under sub-rule (3) as per the Table below:-
Table
| S.No. | Offence | Compounding amount if offence is punishable under clause (i) of sub-section (1) of section 132 | Compounding amount if offence is punishable under clause (ii) of sub-section (1) of section 132 |
| (1) | (2) | (3) | (4) |
| 1 | Offence specified in clause (a) of sub-section (1) of section 132 of the Act | Up to seventy-five percent of the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken, subject to minimum of fifty percent of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. | Up to sixty percent of the amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken, subject to minimum of forty percent of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. |
| 2 | Offence specified in clause (c) of sub-section (1) of section 132 of the Act | ||
| 3 | Offence specified in clause (d) of sub-section (1) of section 132 of the Act | ||
| 4 | Offence specified in clause (e) of sub-section (1) of section 132 of the Act | ||
| 5 | Offence specified in clause (f) of sub-section (1) of section 132 of the Act | Amount equivalent to twenty five percent of tax evaded. | Amount equivalent to twenty five percent of tax evaded. |
| 6 | Offence specified in clause (h) of sub-section (1) of section 132 of the Act | ||
| 7 | Offence specified in clause (i) of sub-section (1) of section 132 of the Act | ||
| 8 | Attempt to commit the offences or abets the commission of offences mentioned in clause (a), (c) to (f) and clauses (h) and (i) of subsection (1) of section 132 of the Act | Amount equivalent to twenty five percent of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. | Amount equivalent to twenty five percent of such amount of tax evaded or the amount of input tax credit wrongly availed or utilised or the amount of refund wrongly taken. |
Provided that where the offence committed by the person falls under more than one category specified in the Table above, the compounding amount, in such case, shall be the amount determined for the offence for which higher compounding amount has been prescribed. [sub-rule (3A) inserted from 01/10/2023: refer Note 1(b)]
(4) The application shall not be decided under sub-rule (3) without affording an opportunity of being heard to the applicant and recording the grounds of such rejection.
(5) The application shall not be allowed unless the tax, interest and penalty liable to be paid have been paid in the case for which the application has been made.
(6) The applicant shall, within a period of thirty days from the date of the receipt of the order under sub-rule (3), pay the compounding amount as ordered by the Commissioner and shall furnish the proof of such payment to him.
(7) In case the applicant fails to pay the compounding amount within the time specified in sub-rule (6), the order made under sub-rule (3) shall be vitiated and be void.
(8) Immunity granted to a person under sub-rule (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars or had given false evidence. Thereupon such person may be tried for the offence with respect to which immunity was granted or for any other offence that appears to have been committed by him in connection with the compounding proceedings and the provisions the Act shall apply as if no such immunity had been granted.
Amendments History:
(1) Amendments from 01/10/2023 vide Notification 38/2023:
(a) in sub-rule (3), the words “has cooperated in the proceedings before him and” shall be omitted; and
(b) sub-rule (3A) inserted.
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| CGST Rules 2017: Last Updated 30/11/2023 |
| The CGST Rules 2017 along with the prescribed GST Forms were initially notified vide Notifications 3/2017 dated 19/06/2017 (Rule 1 to 26), 10/2017 dated 28/06/2017 (Rules 27 to 138) and 15/2017 dated 01/07/2017 (Rules 139 to 162). These Rules/ Forms were subsequently amended by CBIC through various Notifications issued from time to time. Information on this page is a Rule-wise compilation of the Amendments made by various Notifications issued by CBIC from time to time, with best possible efforts for accuracy. In any case, E&OE. For official/ updated information, please visit CBIC website. |
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