No officer under this Act 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) The penalty imposed under this Act shall depend on the facts and
circumstances of each case and shall commensurate with the degree
and severity of the breach.
(3) No penalty shall be imposed on any person without giving him an
opportunity of being heard.
(4) The officer under this Act 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 Act
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 Act, 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 Act is either a fixed sum or expressed
as a fixed percentage.
Power to impose penalty in certain cases.-
127.Where the proper officer is of the view that a person is liable to
a penalty and the same is not covered under any proceedings under
section 62 or section 63 or section 64 or section 73 or section 74 or
section 129 or section 130, he may issue an order levying such
penalty after giving a reasonable opportunity of being heard to such
person.
Power to waive penalty or fee or both.-
128.The Government may, by notification, waive in part or full, any
penalty referred to in section 122 or section 123 or section 125 or
any late fee referred to in section 47 for such class of tax payers and
under such mitigating circumstances as may be specified therein on
the recommendations of the Council.
Detention, seizure and release of goods and conveyances in transit.-
Section 126 • THE ASSAM GOODS AND SERVICES TAX ACT, 2017
Section 126.(1). 1
assam-goods-and-services-tax-act-2017-sec-126.json
•
Section 126
{
"act_title": "THE ASSAM GOODS AND SERVICES TAX ACT, 2017",
"act_slug": "assam-goods-and-services-tax-act-2017",
"section_label": "Section",
"section": {
"number": "126",
"title": "Section 126.(1). 1",
"chapter": null,
"content": "No officer under this Act shall impose any penalty for minor \nbreaches of tax regulations or procedural requirements and in \nparticular, any omission or mistake in documentation which is easily \nrectifiable and made without fraudulent intent or gross negligence. \nExplanation. - For the purpose of this sub-section,- \n(a) a breach shall be considered a 'minor breach' if the amount of tax \ninvolved is less than five thousand rupees; \n(b) an omission or mistake in documentation shall be considered to \nbe easily rectifiable if the same is an error apparent on the face of \nrecord. \n(2) The penalty imposed under this Act shall depend on the facts and \ncircumstances of each case and shall commensurate with the degree \nand severity of the breach. \n(3) No penalty shall be imposed on any person without giving him an \nopportunity of being heard. \n(4) The officer under this Act shall while imposing penalty in an order \nfor a breach of any law, regulation or procedural requirement, specify \nthe nature of the breach and the applicable law, regulation or \nprocedure under which the amount of penalty for the breach has \nbeen specified. \n(5) When a person voluntarily discloses to an officer under this Act \nthe circumstances of a breach of the tax law, regulation or procedural \nrequirement prior to the discovery of the breach by the officer under \nthis Act, the proper officer may consider this fact as a mitigating \nfactor when quantifying a penalty for that person. \n(6) The provisions of this section shall not apply in such cases where \nthe penalty specified under this Act is either a fixed sum or expressed \nas a fixed percentage. \nPower to impose penalty in certain cases.- \n127.Where the proper officer is of the view that a person is liable to \na penalty and the same is not covered under any proceedings under \nsection 62 or section 63 or section 64 or section 73 or section 74 or \nsection 129 or section 130, he may issue an order levying such \npenalty after giving a reasonable opportunity of being heard to such \nperson. \nPower to waive penalty or fee or both.- \n128.The Government may, by notification, waive in part or full, any \npenalty referred to in section 122 or section 123 or section 125 or \nany late fee referred to in section 47 for such class of tax payers and \nunder such mitigating circumstances as may be specified therein on \nthe recommendations of the Council. \nDetention, seizure and release of goods and conveyances in transit.-",
"footnote": "",
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"sort_order": 1130
},
"prev_section": "122",
"next_section": "129"
}