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Sec 150 notice issued doubt

Question BankCategory: Goods & Service Tax (GST)Sec 150 notice issued doubt
Kollipara sundaraiah asked 12 months ago

A gst  registered tax payer sec 150 provision notice received from gst department details mentioned below information submitted time limit 7 days mentioned
March-22 : revenue tax rs:10.12(gstr3b return)
March-23 revenue tax rs:6.00(gstr3b return)
Tax fall rs:4-12
Doubt:
Dealer above notice mentioned information submitted compulsory.

1 Answers
Ashok answered 12 months ago

This query pertains to three important sections of CGST ACT 2017 (The Central Goods and Services Act, 2017):-

  1. SECTION 151 of CGST ACT = Power to collect statistics 
  2. SECTION 150 of CGST ACT = Obligation to furnish information return
  3. SECTION 124 of CGST ACT = Fine for failure to furnish statistics

Now coming to your question, please note that the authority can ask for any information u/s 151 and it is your obligation u/s 150 to provide the information and if such information is not provided that fine shall be imposed u/s 124, which may extend to Rs. 10000/- and in case of a continuing offence to a further fine which may extend to Rs. 100 per day after the first day during which the offence continues subject to a maximum limit of Rs. 25000/-.
Hence it is recommended to provide the required information within the given time limit or extended time limit under section 150.
The detail of section 150, 151 & 124 is given below for reference:-
 
SECTION 151 of CGST ACT = Power to collect statistics
(1) The Commissioner may, if he considers that it is necessary so to do, by notification, direct that statistics may be collected relating to any matter dealt with by or in connection with this Act.
(2) Upon such notification being issued, the Commissioner, or any person authorised by him in this behalf, may call upon the concerned persons to furnish such information or returns, in such form and manner as may be prescribed, relating to any matter in respect of which statistics is to be collected .
 
SECTION 150 of CGST ACT = Obligation to furnish information return
(1) Any person, being—

(a) a taxable person; or
(b) a local authority or other public body or association; or
(c) any authority of the State Government responsible for the collection of value added tax or sales tax or State excise duty or an authority of the Central Government responsible for the collection of excise duty or customs duty; or
(d) an income tax authority appointed under the provisions of the Income-tax Act, 1961; or
(e) a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of India Act, 1934; or
(f) a State Electricity Board or an electricity distribution or transmission licensee under the Electricity Act, 2003, or any other entity entrusted with such functions by the Central Government or the State Government; or
(g) the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908; or
(h) a Registrar within the meaning of the Companies Act, 2013; or
(i) the registering authority empowered to register motor vehicles under the Motor Vehicles Act, 1988; or
(j) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; or
(k) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts (Regulation) Act, 1956; or
(l) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act, 1996; or
(m) an officer of the Reserve Bank of India as constituted under section 3 of the Reserve Bank of India Act, 1934; or
(n) the Goods and Services Tax Network, a company registered under the Companies Act, 2013; or
(o) a person to whom a Unique Identity Number has been granted under sub-section (9) of section 25; or
(p) any other person as may be specified, on the recommendations of the Council, by the Government,

who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details of transaction of goods or services or both or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, in such form and manner and to such authority or agency as may be prescribed.
(2) Where the Commissioner, or an officer authorised by him in this behalf, considers that the information furnished in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation or within such further period which, on an application made in this behalf, the said authority may allow and if the defect is not rectified within the said period of thirty days or, the further period so allowed, then, notwithstanding anything contained in any other provisions of this Act, such information return shall be treated as not furnished and the provisions of this Act shall apply.
(3) Where a person who is required to furnish information return has not furnished the same within the time specified in sub-section (1) or sub-section (2), the said authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information return.
 
 
SECTION 124 of CGST ACT = Fine for failure to furnish statistics
If any person required to furnish any information or return under section 151,—

(a) without reasonable cause fails to furnish such information or return as may be required under that section, or
(b) wilfully furnishes or causes to furnish any information or return which he knows to be false,

he shall be punishable with a fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one hundred rupees for each day after the first day during which the offence continues subject to a maximum limit of twenty-five thousand rupees.

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