Goods and Services Tax, 2017

Form GST CPD - 01

Application for Compounding of Offence

GST CPD 01

Applicable Section: Section 138 of Goods & Services Tax Act, 2017

Applicable Rule: Rule 162(1) of Central Goods and Services Tax Rules, 2017

Introduction:

 

In case of compounding of offence, an applicant may, either before or after the institution of prosecution make application under Section 138(1) in Form GST CPD-01 to the Commissioner.

 

On the receipt of the application, the Commissioner shall call for a report from the concerned officer and after being satisfied that the applicant has made full and true disclosure of the facts allow the application by order in FORM GST CPD-02, indicating the compounding amount and grant him immunity from prosecution or reject such application within ninety days of the receipt of the application.

Calculation of Compounding Amount:

The Commissioner shall determine the compounding amount under sub-rule (3) as per the Table below:

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.

Other Pointers to be kept in mind:

  • Before giving any order in Form GST CPD-02, an opportunity of being heard shall be granted to the applicant
  • The application shall not be allowed unless the tax, interest and penalty liable to be paid have been paid 
  • The applicants shall within the 30 days of receipt of order in form no. CPD – 02, pay the compounding amount, otherwise the said order shall be void
  • Immunity granted to a person may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars or had given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.
  • The applicant will then 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.

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