Section 126 Kerala GST Ordinance 2017
[ Section 126 Kerala GST Ordinance 2017 explains General disciplines related to penalty and is covered in CHAPTER XIX OFFENCES AND PENALTIES ]
General disciplines related to penalty
126. (1) No officer under this Ordinance shall impose any penalty for minor breaches of tax regulations or procedural requirements and in particular, any omission or mistake in documentation which is easily rectifiable and made without fraudulent intent or gross negligence.
Explanation. —For the purpose of this sub-section, —
| (a) | a breach shall be considered a ‘minor breach’ if the amount of tax involved is less than five thousand rupees; | |
| (b) | an omission or mistake in documentation shall be considered to be easily rectifiable if the same is an error apparent on the face of record. |
(2) No penalty shall be imposed on any person without giving him an opportunity of being heard.
(3) The penalty imposed under this Ordinance shall depend on the facts and circumstances of each case and shall commensurate with the degree and severity of the breach.
(4) The officer under this Ordinance shall while imposing penalty in an order for a breach of any law, regulation or procedural requirement, specify the nature of the breach and the applicable law, regulation or procedure under which the amount of penalty for the breach has been specified.
(5) When a person voluntarily discloses to an officer under this Ordinance the circumstances of a breach of the tax law, regulation or procedural requirement prior to the discovery of the breach by the officer under this Ordinance, the proper officer may consider this fact as a mitigating factor when quantifying a penalty for that person.
(6) The provisions of this section shall not apply in such cases where the penalty specified under this Ordinance is either a fixed sum or expressed as a fixed percentage.
Kerala GST Ordinance 2017
Kerala GST Rules 2017
Kerala GST Notifications
Kerala GST Rate Notifications
Related Topic on GST
| Topic | Click Link |
| GST Acts | Central GST Act and States GST Acts |
| GST Rules | GST Rules |
| GST Forms | GST Forms |
| GST Rates | GST Rates |
| GST Notifications | GST Act Notifications |
| GST Circulars | GST Circulars |
| GST Judgments | GST Judgments |
| GST Press Release | GST Press Release |
| GST Books | Best Books on GST in India |
| GST Commentary | Topic wise Commentary on GST Act of India |
| GST You Tube Channel | TaxHeal You Tube Channel |
| GST Online Course | Join GST online Course |
| GST History | GST History and Background Material |