Lec 43 Part 1 | IDT GST | MAY'25 & NOV'25 | Paper 5&6 | CA, CS, CMA Final IDT Reg | VB Sir

0:05 well so good evening to sorry good morning To all of you, how are you all, I hope you You will be very good and I will also be very good So let's start today's session If yes then are you with a positive energy ready yes so take a deep breath and say whatever It happened for the good and whatever happens will be very good If we want to do something good, then this time we will come 80 times in IDT you think below that If there is none then friends let's start with a topic will start the offense penalty end PROQ THIS CHAPTER P COMMENT OFFENCES PENALTY And in this chapter we have to Here from section 122 to section 138

0:51 till then you have to see okay in this you will get reference which You must remember section 122 125 Most important 129 and 130 Questions are being asked on this and bar i am expecting section 132 Pay ok, question can be asked on this also So if you remember these few sections then This will help you a lot in the exam, ok So these are the few sections left, so just read them Even if we do it then there is no problem but our If you remember it from the chart then it will be good If it is a matter of as usual then this is also one There is a theoretical chapter in which the penalty end process que procedure has been given ok hum Taking the chart as base and then using regular math If you read it then are you ready, okay so let's tell you

1:38 The charts are helping you in revision, right? Whatever we discussed yesterday, revise it Revise whenever you get time did yes and no then let's go So friends, the chart that I have here right now Available now is yes yes this chart is a little bit here i will show you I would like to explain it to you then you should feel it with me. If this chart is ok then yes your chart open the book Quickly open your chart book okay i will tell you the flow a little I would like to say okay what happens is that till now we have

2:24 what did you see here about the department Administrative Power Administrative Power Power and department are here investigative power okay so let me have a little You will cooperate with the department Administrative power means assessment and Audit Assessment and Audit and Department's investigative power so yes you can do assessment and Assessment and audit details are also mentioned in the audit chart itself. Go to the chart and review it a bit. review for two minutes because from there If I take our discussion further Assessment Audit What we read Yes Assessment and Audit We read this chart Was come on who is connected with me online right now

3:10 This assessment audit will be reviewed once inspection and extras and what I If you are watching in recorded mode Pause and review in recorded mode Review this chapter by pausing and reviewing So let's do it in the next few minutes I will say read this once, come do it Fast OK Assessment Audit Search and Seizure Administrative Power and Investigative Power on quickly and it goes into recorded mode see that he pauses and reviews this doing a chart Son, you are doing

4:00 Revise this Assessment Audit Search and Caesar whatever we have in the charts It also says inspection investigative power revise if it happens to you if so tell me Let me know if it becomes yours

5:22 Prerna Dunn Balance Let me now tell you a bit about the mechanism Let me explain, the assessment is based on this chart only But now see what happens if you You are a registered person and you can file the return you should have first taken this into consideration that you file your return

6:09 Are you doing it? Ok, I have done self-assessment. Meaning you have also filed GSTR return and annual Are you filing return and/or provisional Assessment has been done but you are a return filler Meaning you are giving the return properly now Look at your records based on your returns If the score is based on the Section 73 74 Power to Hear My Word The power of section 7374, that section Power of 73 74 is used after scrutiny means you got your discrepancy and that Discrepancies of Prior Intimacy goes and we saw in 73 74 and I saw a notification in it and The notification said that show cause notice

6:57 You are informed before issuing If you pay it voluntary then scrutiny will be done It is the same in assessment as well Discrepancy is communicated to you That means this procedure is discrepancy The form has been filled, tell me and pay it With interest or voluntary penalty but if you don't pay then I will Is there an audit or is it directly covered under section 73? Action against you in 74 or 74A It happens, okay, there would be action against you and then it looks like okay link from here 73 74 or 74a or whatever the next son is The audit has been done here, understand that the audit has been done because it might feel like brother It is necessary for you to do audit by department

7:43 15 days notice will be given in three months There will be an audit and what does the last line say The last line says that if Action 73 If it happens in 74 or 74a then it means it is wrong Tax avoidance or wrong ITC If it happens then from here again the proceedings of 73 74 It seems or a special audit was conducted and in that If there is tax avoidance or wrong ITC Then 7374 So I will tell you about these different situations I am where they can take action on 7374 and DRC 03 will be given against you can we okay now even here Normal inspection took place during investigation Business place or search seizure is ok If you avoided tax of 73-74 in that

8:30 If action can happen then it will be all Saw the powers of the department and after that I was watching the action, now you understand Action has happened in the gains, okay against you If action of 7374 is done then what is 7374 It says ok three actions are in your gains Can lead to a short payment of non-payment Other than fraud or action of fraud or Section 76 action of access collection It could be against you now if you You might be remembering this, so we saw that brother You will be given a notice but even before the notice It will be intimated that this much tax will be charged to you and Now intimacy by notification is compulsory If so, so much tax will be levied against you It is going to be you give it prior, give it voluntary

9:17 Better still, voluntary even in case of fraud There is an option with penalty on 15, ok and Then show cause notice will be issued in time Limit two years nine months or four years Show cause notice to you in under six months It will come even after the show cause notice You are given a time limit for later as well So whatever action is okay, it will be subjected to scrutiny here. Or the action summary that came from the audit here It came from assessment, it came from inspection The action which is done in 73 74 now And there is also a section 75 if you remember If it happens then determination of tax means general What is the provision in this, this one line is big it is important if here in 75 if

10:03 If you remember the whole process then this penalty will You are charged whatever penalty of 73 74 74a So no other penalty applies against you There is no other penalty in this keep this thing in mind then any other penalty This section 75 will not be applied against you I remember we saw one last point if you are remembering anything then say yes But if you have self assessment tax and That notice has been sent and section 73 has been invoked If it goes then you will have to pay a penalty of Rs. 10 It is mandatory, otherwise you have many options Available hack, give this special gift in 30 days For that tax which is not self assessment This option is available against you After that now if you pay this penalty

10:51 If you give it for 10 or 15 or 25 then some other There is no penalty, this is a huge advantage But we saw a note here and a Note: If this appears in the chart then all Proceeding of the said notice shall be meant We have seen repeatedly that you give 25 for 15 But give it voluntary, give all the proceedings Conclusion Section 132 was left out k 132 and add here 129 end 130 129 end Leaving aside this three section action, now this I am going to teach these in three sections Except for the section action

11:37 Proceedings Conclusion Conclusion 73 74 Against You It must have hurt, but now I have understood what If you have understood till here then type all the ones But now I'm going to come back to this chart. cha will be ok now in this chart which Assessment Audit Search and Seizure Chart Ours was assessment audit search and seizure I understood the chart that was here Today we need everyone's cooperation and whenever I say interact with me because a good Chapter Today we are going to discuss Offense end prosaic over which continuous

12:22 questions come now and then son this so okay 73 but what happens if your BJ A is done, base judgement assessment is done and This base judgment assessment is given in section 62 Base judgement assessment happened in section 62 If your decision is accepted then now base your judgement When does the assessment take place at 62 when you Registered but not filing returns If yes then its notices etc. in 73 74 Very important point base does not come Notice of Judgment does not come in 73 74 Base Judgement Assessment if you are registered So the default notice under section 46 is By portal only that notice is considered then this If you are being judgemental then now 73 74

13:09 If you understand that it will not be executed then you will type it because it won't happen that bro Base judgement then went to 73 went to 74 ok Mala here bonafide intention malafide intention oh your intention in attention Leave it brother, I am taking care of your intentions Leave your intentions, you did not file your return What did you do now, should I check your intention brother? Ok, you would have simply received a notice under section 46. and on notice of 46, ok they should take action Let us take within four years from the date of Annual return is 5 years here with reference to Yrs from the date of annual return vo bj Whatever your annual return, it will be okay The due date has arrived and if after that I gave you the opportunity to return all the files if he does then we will withdraw it and your Whatever the interest, whatever the late fee

13:54 It will seem that they will file it ok because the return yes if you have not filed the return If you file it then the BJ will be withdrawn then after filing the return There can be scrutiny and then it can be 73-74 but if no return is given here then which one bonafide and malafide ok forget it kya bonafide which intention brother yes If you pay the return within 60 days then He came back to normal process and then the scooter It is not possible that she returns and then 73 74 can be active did you even understand this If you have understood the base till here then it is B3 type Do it, okay, you have given the return etc. If withdrawal is possible then what is the question now? yes ok the question arises that brother if you

14:42 Listen to the assessment, you will have to do the assessment BJ brother section 62 bj has been done now section If you did a BJ of 62 then you placed an order here And asked for tax but what is the penalty for it? It will be imposed in the section because penalty will be imposed hey it's ok penalty you didn't return ok you did not pay tax here If there is to be a penalty in this time then sir penalty we will insert 7374 from section no 7374 Why can't any action happen here? because here you did not give any return No bonafide and no malafide questions If it is not known then which section will the penalty be? Putting it in, birth happens from here Because penalty has to be imposed, then prosecution You have to put it, ok, then birth happens from here, yes Offense Penalty End of our Chapter

15:30 Prosec section 122 and from here birth happens That is brother when the best judgement assessment is there If it happens then a penalty of Rs 122 is imposed OK 122 penalty, what would you have to pay is that we'll see later if it section 63 bj is done ok section 63 If the BJ is done then in the BJ of section 63 also you have to impose penalty because here Some orders for 73 and 74 will go here This is a direct order, order directly here Section 63 is a beggarly judgment assessment The order is direct section 63 ok so what is the difference between order of 73 74 And the order of BJ 73 is an intention check A notice is sent and the show cost is asked

16:18 then he's ok then dibo dio is final Then within time notice should be sent and to Years Three Nine Months or Four Years Six Notice should be sent in a month DO that much time I should be final, the government says so hey brother you are not registered right You are giving returns direct base judgement Assessment order i.e. under this section The order comes in this section itself If the order comes then a penalty has to be imposed his penalty does not work as per 73 74 His penalty starts from 122 now brother 122 Look absolutely, it's absolutely dangerous Atleast it is dangerous to score a penalty Section 74 provided some benefits 122 from penalty so straight penalty

17:04 it applies ok so let's go brother here this look at the proceedings and the proceedings which is a Here is an understanding of offence and prosecution Or did you have a seizure sir? If Caesar has happened then how can action be taken in that case If it happens then it will be Caesarean, in that case which Action will be taken against you too If it directly imposes a penalty of Rs 122 then we That section 122 of offence and prosecution There is a penalty section, why is he reading it? That's why I am reading that this happens in many places that there should be direct base judgement assessment Or you did not comply with anything look at what 73 74 74a when would it get executed it gets executed only when you hear it It gets executed only when there is a short here

17:53 levy short payment not payment erroneous Refund or Color ITC on Lots Compliance is there in ITC, except this You also have to do the documentation compliance Declaration that you did not give ok if you don't comply with all that If a penalty has to be imposed then whatever penalty yes she looks 122 dun dun dun dun so i came Hope you have understood the souras that we have written here Discussors yes ok if you understood the source of this chapter I'm just going to start from here what we have I just read it from where the chapter starts it is going to be ok did you understand it or not then it's yours assessment here okay this is the flow which In short you will be registered in Diya also

18:39 So the return filer became provisional assessee What would have happened if I got unregistered then it would have been a seed There will be self-assessment provisional assessment You must have undergone scrutiny or summary assessment Or audit has been done under section 65 66 or access to premas might have happened or your There must have been an investigation, I am also an inspection It may have happened or your place of inspection is off It must have happened to business or 672 search queries 68 inspections would have been done in transit okay so in this situation now what will happen next How will your adjudicating proceedings be conducted? Understood how adjudicating proceedings will take place can you explain this to me so type one quickly Now let us see the adjudication proceedings by

19:25 Proper official proceedings here section 73 74 or 74a ok whatever it is then if Action is Initiative action is Initiative If there is an audit or inspection then 73 74 The action takes place against you in which Then the bonafide malafide is checked Intention blah blah blah or section 76 Access Collection of GST Access Collection

20:12 of GST So in such a case, let's go against you Write here, keep writing with me quickly Action that happened against you If I keep writing here, do one thing. Structure of Adjudication Proceeding Chart See the chart, you will have to manage space like this Look at the structure and adjudication of Give you make two parts in the proceeding I want to make the part quickly, do it fast, my You will have to complete two parts together I have to make it in first part Write in the first part if the action is Initiative

20:58 yes table no scale etc action i Initiative If there is an attempt then 74a will also come under it ok but not now just now 73 74 end Section 76 end section 76 Yes if section 73 74 or 76 If action has been taken in tax determination yes first of all the three how short is the tax Payment not paid Erroneous refunded Tax determination will come in all three cases Tax Determined

21:45 will also demand second interest That order notice it self specified interest and section 75 says that Section 75 says that there is mandatory interest That is mandatory interest so interest you have to give You have to pay the interest and penalty ok penalty is there so you have to pay this Penalty You also have to pay penalty in respectable cases Means you did not give voluntary shows in 73 If you do not give it in 30 days then Compulsory penalty of Rs 10 and Rs 10,000 per case 15 25 50 in higher and 100% penalty

22:32 You are given the 76 here You will be charged a penalty done this table is done now let me go here I will say he Write this point came by mistake, not this I have to write what I will say Write now if action is against you 73 If it would have happened in 74 or 76 then proceedings Deem to be concluded with this red pen To write that brother it is believed that Proceedings deemed to be The Conclusion Deemed to Be

23:18 The conclusion will be deemed to be a conclusion Write the accept section like this Accept Section 129 130 end 132 of this Meaning the conclusion will be given in all the remaining sections But action should be taken under section 129, 130 and 132 can give even two you paid the penalty even two Even if you have paid the penalty, this section action can be have understood this What is right Now below is the first dash Write it down, write the first dash, no penalty

24:06 under another Penalty in any other section it won't take no penalty under other Section Other section and this important point which I I taught you then and I am telling you now Person may be buyer transporter warehouse Write keeper as other person in brackets Write person in brackets buyer transporter Warehouse keeper other person write in bracket buyer Transporter Warehouse Keepers are evolved with men

24:51 Persons Are Evolved With Men Person Main Person then subject to proceedings of penalty also deem to be If the conclusion is clouded then so is Adar's proceedings will be included meaning they can just There will also be no penalty yes there is a buyer too, didn't I get evolve buyer Son, the moment becomes a devotee many times what are you saying friend give it to me without bill As many students come to me Sir please give me invoice without GST If he does not give, then the buyer evolves himself Palak understood that the buyer is asking for GST without The invoice of that also evolves into collusion If it happens then we would have imposed a penalty on that as well

25:42 yes ok write the second point other person Evolve with the main person proceeding of Penalty is deemed to be a conclusion except three sections 129 130 and 132 Further down we will write that the action of 132 is The action of 132 is also connected to this It is connected and this is the proceeding that follows This is also connected, let's be clear here If it is clear till here then type all the ones ok type all the ones now let's go to second Go, this is your action in 73, 74 or 75 Initiative

26:31 Department Action Initiative in other Section Example: Yes, now other means section 62A Bga Fur BGA for section 62 BGA for RP of RP section 63 now this 73 does not go into 74 or does it go into 74 no this in itself is base judgement Their penalty will come through this section

27:18 section 63 bga for you RP 64 Summary Assessment Section 64 Summary Assessment and any offences write like this last any Offences proceeding not covered under any wear not covered under any wear Meaning 62 63 64 73 74 129 130 and somewhere else is also not covered then it is through this Penalty will be charged if it is not covered anywhere

28:04 Penalty will come through this The penalty will come through this, okay, now here it is write civil like this by don arrow Write civil proceedings by donating arrow What is civil proceeding now? Now there are two types of proceedings, one is civil Meaning imposing penalty and action on goods to take and arrest a criminal person arrest and in civil proceedings If penalty is imposed on a person then civil proceedings take place and section 132 which I must have read here that she is a criminal

28:50 So now do one thing civil proceedings Now civil proceedings will be divided into two parts what is the proceeding then it is on the side Write action on person and this on the side Write action on goods ok this action on person and this side Write in Action On goodies come on now do one thing it reaches here That is, this draw is till section 126 and here till 130 Pause whatever you see in the recorded session do that and draw ok and now it will be live stream I am watching that draw with me Quickly, okay, I will give you two minutes. I will explain it again, let's draw

29:38 do it Fast here section 126 till there section 130 till If it is done then write done till 126 and here till 130

31:07 Done Asim is done, tell me the rest Assam flow is understood quickly

32:14 Balance People Inspiration ankita priyanka The sight is mesmerizing Mohan Perth

33:09 Good, yours is very good Pooja Priyanka Done now look let me tell you So what will be the action on the person here? Penalty under section 122 will be imposed 1221 something else has been added to this, it is 221 etc. so ok now you have written this much took

33:56 There will be no penalty for general A penalty is imposed, then there are generals like In Job Work Job Work case you will ITC ok if you have to give declaration Declaration has to be given in ITC 04 In case you did not give job work then Then there is a general penalty, okay, so this There are many situations where compliance is required and there is no penalty anywhere then A straight forward penalty of Rs 125 is imposed 126 It says that brother whenever any penalty If it is applied then some discipline has to be followed If you want, you can see that discipline in 126 yes what will be the action of goods if your detention must have happened under 672 meaning if remember the investigation procedure and search and Seizure has taken place and goods in search and seizure

34:42 It's ok even in detained, seized and what not Detention of goods action has been done on you What happens in 672 which is your goods detained and seized or under section 129 Detention and seizure of penalty of good in What is the meaning of transit section 68 It says that when you transport goods If yes then its e-way bill and document It is important to keep it and you during transit If the e-way bill and documents are not kept properly Then detention against section 129 section 129 generally applies to such person It seems to be in transit and that is his birth it is from section 68, okay it is from section 68 birth means what does it mean if these Transit E-way bill not received in transit If the document invoice is not found then ok

35:28 Detention of your goods Seizure penalty 129 I feel like I have 130 confine a little bit We had read the chapter about confine inspection search and seizure ok then when your goods liable to confine some of which We had read the points during inspection and In that case, there will be a fine penalty against you Section 130 tells you what it looks like. Yes. So now keep in mind that brother of 7374 proceedings would have taken place or would have taken place proceedings under 74a must have taken place only then If your goods are received during transit If there is no e-way bill then proceedings of 129 will be initiated It will be separate, meaning you will pay tax in 73 or 74 given it does not mean that 129 Proceedings will not be held under 73 74 74a if

36:15 Just because you paid a penalty doesn't mean that there will be no proceedings under sections 129 and 130 That will happen, ok so accept three now You have seen this below, civil proceedings now You combine everything that is below combine complete chart press ok and Below is your chart of Criminal Proceedings The whole combination should be like this then it will be 73 be it action of or action here, any action ho ok criminal proceedings 122 big has the highest power ok so write it Criminal proceedings box keep doing it do it fast step by step boxing go criminal proceedings against the Person is criminal means caught and put in jail We will file criminal proceedings against him The Person Section 132 Prosecutor's Office

37:03 Imprisonment can happen in any case 73 74 Whether it is 74A or any other case if it was an action then I would have put it inside directly If its condition is fulfilled then OK 132 Prosaic and Imprisonment Now If cognizable of offences, forward it Cognizable brother, if given inside then bell is required Save your head, give bail, when can it be granted and When can it not happen and when with whose permission If there is a bell then write here next cognizance of Offenses Cognizance of Offenses Explanation to section 132 and section 134 Cognizance of Offenses Explanation

37:49 to section 132 i.e. it will have to be written there Bellable non bellable because bell is needed Brother, it is inserted inside so there is no need to insert it further What will happen next, when will I get bail and when You will not get the next step and beyond that Write Compounding Off did you study offences in income tax Compounding If you have read it, do you remember compounding? Compounding of Offences Section 138 Compounding means grant of immunity from proceeds on payment of prescribed amount non payment of prescribed

38:50 If you write the amount done then Then when does this action take place under section 132? When do we get the bill and what does compounding mean? ok sometimes people say that sir is in jail don't put what do you want i have money Do you have a car, a bungalow, what do you have? ok so you want money i Prescription I will give it to you, don't put him in jail It is said that compounding of offence is complete I understood the flow, if I understand the whole flow So brother please type F quickly and go to sleep did I get up or not now get it written down I gave you the chart after getting the entire flow written down

39:36 I gave it to you, ok, you woke up from sleep then one Type Will it also come under action of goods? Son, if he is a criminal under section 132 If there can be action then it can happen there too You will see OK so very under section 132 good done done done done so let's get started ours Discussion is fine now let's come to section 122 so Nice and beautiful chart brother Sir, if you study regular maths I If I get you to read it along with it then you will understand. jayega each and everything is covered each and everything is covered okay so let's start with First came sex 122, now it is 122 offences

40:25 They have given OK 122 penalty for offence On Taxable Person Registered Person or any other Taxable Person Person is now taxable in 120, 122 and 1 Person means the one whose liability has come then he Whether it is registered or not, it is a TP Meaning, if the liability arises then it is here friends when you read the notes then I gave it to him serial wise It has happened in the bare act given serial wise It has happened but I got the title by mistake You can read it title wise as per the exam Even if you take it, it is enough to remember it serial wise Because there are more than 22 such offences that is covered in this so you can join me in this Now keep writing, ok keep writing with me While writing, your full attention should be with me while learning

41:11 Which offences are required? First offences Invoice OK First Offences Invoice and Bill of The supply base consists of the supply of goods and Services Now look at the supply, if you supply What are the goods and services? Write them down below. without issue of invoice Write a letter without issuing an invoice and write in B come on with me and write in A Write in without issue of invoice B Issue of incorrect and false invoices if written Issue of incorrect and false invoices

42:02 okay just don't write to me further to explain one two maybe you remolded and what I removed it without invoice and Generally this is done without invoice removal It is believed that fake supply is okay so you We supplied goods but also services In such a case if the supply is made but not given Penalty under section 122 may be imposed You may be charged a penalty of Rs 122, ok second You gave me an invoice but it was incorrect or false Invoice given OK False Invoice given gave incorrect invoice ok so in that case

42:49 You may also get Section 122 invoice You may be charged a penalty if you give the wrong HSN Diya, now it will hurt or not, that's fine officer After seeing the severe offence, he will determine ok I am using this word so that it may seem You have given power to the department that brother If incorrect invoice is given then false invoice If it is ok then the invoice is for some other goods Goods are being supplied by someone else, ok Any other goods under this invoice If there is supply then there will be some invoice like this in the situation here that your Penalty under section 122 is imposed against could dun dun dun dun now write in to means We cover all offences which are on invoice basis under section 122 I am prescribed it, see that in ok 122 Second, write issue of invoice and bill of lading

43:37 Supply issue of invoice and Bill without supply of goods or service in Short Fake Invoice This is a fake invoice ok fake invoice issue of invoice bill without Supply of goods and services Underlining without supply of goods and services in violation of provision of this This is an act in which there is a clear intention that this Violating the provisions of the Act is in violation of provision of this The act should also highlight these violations of provision of this act

44:28 And the third offence is a completely fake invoice You are giving fake invoice and not supplying and in violation of the provision of this If you are acting then you will face penalty of 122 The invoice will be just a penalty and Third Issue of Invoice using registration number of another RP issue of invoice Using Registration Number of Another RP Aisa It happens a lot in practical with some other person I have taken the GST and given the invoice, ok Hijack, we call it hijack off GST Hijack oh ok this is what we call hijack

45:17 people yes then yes this was regarding the section here Invoice base for which penalty is charged in 122 I have categorized the offences like this, you remember To keep the invoice base offences three Have you supplied without invoice or Incorrect or false invoice or without invoice or you supplied it to someone else If Jastin supplied then he is in the case These will be considered as offences, if understood then the emphasis will be on All the students connected with I Type Karo OK Second B Collection And Payment Base Offences are based on collection and payment Write in offences here

46:02 at Collect Any Collect any amount as a Tax collect any amount as a Taxes But Fails to Pay It is important to collect any amount as a tax but fails to pay Government Fails to Pay for Government beyond the period of three months beyond a period of three

46:48 Months from the due date of Payment from the due date of payment Due rate of payment now see what happens When does this action 122 come that brother you Whatever it is you should understand that you are not filing the return But later I found out that you collected and three months three months It is important that within three months you I did not pay the government, okay and You are not even a return filer Friend are you ok or your BJ is done And no payment to the government within three years and against you 73 74 or 76 If no action is taken then under 122

47:35 Department during inspection Access to Premas or the department here Pay During investigation reveals that you Kept the collection but gave it to the government no and no 73 74 action yet If it happens then we will directly impose penalty of 122 OK Direct will impose a penalty of Rs 122 on you If you have not paid the due date No payment to the government within three months now like i had a client due date The 20th was the date, and the guy told the customer collected abi what is special about this that If you have not collected it then action yes you did not even collect and If it is not given to the government then action will be taken here it won't happen then you didn't even collect it then short payment will become non payment and That action which can be done only in 7374 Officer will be able to do it only in 73 74 Officer ok or

48:22 in 74a but as far as we are concerned Here Here you collected it and kept it with you and not given within three months from the due date And if there is no other action then directly A penalty of Rs 122 may be levied on you So you will have to pay the tax it will happen after that in second second Write Collect related to Collection Payment any tax in contravention of provision of Act to collect any tax in contravention of provision of this Act But Fails To Pay

49:17 Government but fails to pay Government beyond period of three months Beyond Period of Time Months from the due date of Payment from the due date of son you have paid two things one thing is ok Tax is collected from the customer but the government You did not give it to anyone, you collected the law on S But not to the government within three months or you did not collect the law on s in contravention of the provisions of this Act collected and sent to the government for three months

50:02 If I haven't done it on the inside then this is the second one Second, here the next TDS is related If you have read anything related to TDS then please click here If you commit an offence, you can face a penalty of 122 Likho Fails to Deduct Tax Under Section 51 You have not deducted any TDS did you fail to do this tds again became fail to Deduct Tax Under Sections 51B Deduct an amount less than the amount Required Slightly Fast in Speed I deduct an amount less than the amount

50:52 Required Sea fails to pay to government amount deducted as a Tax fails to pay the government the amount deducted as a Tax deducted as a Tax TDS you have not deducted or less deducted Deducted or paid to the government by deducting If not paid, penalty under section 12 may apply look again let me remind you 73 Penalty against you in 74 or 74a A penalty would have been imposed against you if it happens then we have seen that if that section

51:40 If a penalty of Rs. 5000 is imposed then no other person will be allowed to do so. There will be no penalty in the section but this 122 The penalty is imposed when someone already Your action has not been taken in the section Particularly okay here in demand recovery If you have not taken any action then this is In this situation, TCS will be imposed here Three of TCS Write face to collect tax under section 52 Fees to Collect Tax Under Section 52 B Collect an amount less than the amount Required collect the amount less than the Amount Required

52:29 And he fails to pay the government amount collected s a Taxes Fail to Pay Government amount collected as a tax is TCS related offence if payment is made If you understand the related offence then type P immediately I want your interaction ok interaction required then itc related Offence Next C ITC Related Offences Write Tax and Utilize the ITC Tax and Utilization Tax Meaning Avail

53:15 You can also write avail, you can avail and utilize The ITC without actual receipt of goods And service is considered a severe offence without actual receipt of goods and Fully in the services bracket and Partially Fully and partly in contravention of provision of This act in contravention of the provision of this Act it's just a little severe offence that you

54:00 If ITC is taken without receipt of goods Then action can be taken against you under section 122 In August and there is no discount here No, you have to pay the entire penalty it's not like that okay that's what it is give me this much give this much give this much nothing like this is complete Have to pay another tax or write off the available tax You can avail and distributor Intervention of section 20 ISD or ISD Someone might have committed an offence here then you must have committed some offence So Tex and Distributor Benefit of Section 20TE

54:51 ISD Next Registration Base here One Liable to Get Registered But Fails to Upon registration you become liable for TP but if you haven't registered then Bhai saheb within 30 days if you If you do not register then you will face a penalty of Rs 122. If you remember, it will happen in 30 days Registration has to be done with ITC chapter I had taught in You are liable to get it bhai sahab in 30 days If you haven't registered ITC also went away ITC of the stock also went away and

55:36 This penalty is also liable to get Registered under fails but fails to obtain Registration Second Furnish False Info With regards to Now if the registration was based on false information then 70 Meaning there must be a demand recovery procedure she can't do that, short payment not payment If it is not there then the penalty for foul play will apply here. goes to furnish false information with regard to If you understand the registration then type it I saw the registration related We have documented records and information

56:23 Type A in the related one Write down false financial records The incompetent kept false financial records Produce Kie Philosophy Financial Records Be producing fake accounts and Documents Produce Fake Accounts and Documents

57:10 Annie Falls from Sea Furnish return info in is in Return with intention to ease the payment of You have given wrong information in your tax return gave in which there was a clear intention that you I do not have to pay tax is next Seconds fail to keep maintained and retained books off account

57:57 Fails to keep maintained and written books of Accounts Third Tempers with and Destroy tempers with others

58:47 Destroy any material evidence and Documents any material evidence and If we go through the document then this record is base offences If you commit record base offenses then which I am not typing, please explain so that I can type Do a turn and base what will happen to you So write turn and like specially for CL

59:35 You press the turn for registration Below 1.5 Crore Below 20 Lakhs Below 40 Lakhs If you tell below then write sapre cess turn and leading to ease of Tax surveillance and leading to ease of doing business Tax After that transport and store Write down transport taxable

1:00:22 Goods Transport Taxable Goods without document it actually Action would have been taken against the transporter as well This is your penalty which will be applicable under section 129 So action is taken against the transporter as well Transport Taxable Goods Without Document to is eway bill and challan to There are two things here, penalty of 122 also and a penalty of Rs 129 is also charged eway bill is not available So second supplies transport and store Annie Goods Supplies Transports Store Any

1:01:10 goods which he judge reason to believe me he has reason to believe are liable to confine are liable to Confine this penalty transporter and Verus on keeper you can write in brackets it is On Transporter and Warehouse Keep it on transporter and warehouse If the keeper also evolves then action will be taken on him too would have been thereafter refund Base now write this refund base penalty fully obtain

1:02:09 Refund can be obtained temporarily Refund of GST Finally obtain the refund of GST after that action of the proper officer in Write down obstacles and prevent anyone from doing anything officer of his Duties to Obstruct and Prevent Anyone officer of his duties office sir carry out your duty

1:02:58 to stop harassing him tax Pair is a goon guy he is causing trouble So brother, impose penalty in such case also will give ok fails to furnish information Document First to Furnish Info Document Called for An Officer he must be a criminal here son He will also put penalty in other act Kamal hoga palak fails to furnish in four document called for by an

1:03:43 Officer Bayan Officer and the last one is related to seize good If you did something wrong then dispose it off and Tempers with dispose off and temper with any goods any goods detained and seize detain and seize And

1:04:30 Attached brother, I got all the penalties written down I have given it to you and if you are a regular math student open page section 1221 Look title wise you will see everything And highlight all the titles by ticking them like this That means we have read all the titles highlight it, it felt easy, if it felt easy type d absolutely see book 221 all Did you highlight the title or not? if you want to know what you have done then type what you have done Did Come on brother, are you not getting bored? No, you are looking at it after writing it all, brother, what else should be fit in mind All those sections will go into regular mat sections

1:05:19 Highlight all subtitles of 121 I have tried writing it down to see if I am getting bored isn't it, honestly it must be happening, type B I too must have understood it, Let it happen now see what the penalty will be big red color title two penalty this if If you are committing offences then what will be the penalty So now I will give it the way it is written Write it first in big bold like this Write Higher of the Following Higher of the Following and write it like this Forest

1:06:05 one r 10000 Rs 000 ok write in brackets next to it is bracket writing in Similar to These SGST in brackets you can take similar to these If there is SGST and IGST then If IGST will be Rs 20,00,000 then 2000000 means this is 10000 CGST

1:06:51 There is a penalty of Rs 10,000 and also SGST of Rs 10,000 There will be a penalty And if IGST is Rs 20,000, did you understand this? If you have understood this then type yes or type and now write more and what do you get just okay What did Pushpa understand after hearing this? What is fire? Section 122 says fire yes yes now look what else does the second say Write to me for the following Equivalent to any of the following Meaning 100%

1:07:37 amount pushpa their flower understood what fire there is fire amount ect to any of the Following is 100% off in such bracket Likho t is 100% off 100% off on tax wedded y write tax e wed now look here what is your confusion It is possible that the confusion is that Sir here If there is IGST then will it be Rs 200? no no no 100% off IGST means that It's 200, listen to me, IGST amount is Rs.

1:08:25 Total of CGST and SGST and you Understand that your IGST rate is 18 100% off on 18th and 100% if there is CGST off at 9 and if there is SGST then 100% off at 9 Meaning whatever your individual tax will be If there is CGST then its 100 similar to these SGST SGST then 100% of SGST and If there is IGST then its 100% this point understood, don't double it here like we did 10000 Doubled it as it was 10,000 CGST But when you are taking 100% then whoever gets the amount take 100% of it take 100% of it understood what would you have understood then type this 100 this It is very important to clear your doubts later Sir let's say make it 200 and then 200

1:09:11 There will be no IGST off, then 200 off There will be CGST but better remember it like this 100% off CGST amount 100% off SGST amount and 100% off IGST amount then which Whatever amount it will be 100% I understood it, very good So a tax is widened Second, okay, second one is written in short I give TDS not deducted Short Deducted TDS should be written as TDS not deducted Short Deducted and not paid to the government after Collection and not paid to government after

1:10:01 Deduction After Deduction same next in place of TDS Just write the word TCS TCS Not Collected and short collected and collected but not Paid Collected But Not Paid next and and and keep writing and ITC Awled and Passed

1:10:50 on ITC available and passed on and distributor Irregularly ITC availed and passed Distributor Irregularly End e refund claim Pallet Refund Claim Fatali Lent Meaning if your case is tax evasion then its 100% penalty will be given on TDS/TCS Whatever offence we told you about TDS TCS then TDS is whatever amount is TCS

1:11:37 100% of ITC of whatever offence is stated Any offence that is said to be 100% refund Told 100% and rest because of offences 100% of the tax evasion and ok 10000 and 20000 is ever higher so A penalty will be imposed on you now look at one Let me tell you about the case, there was a case against my client. and you will find this in the case study as well The person gave the invoice without supply meaning The supplier supplied the goods without I had given an invoice, I had given a fake invoice Action under section 122 was taken against the supplier and The buyer took credit on that invoice Listen, the buyer takes credit on that invoice If taken then Bayer will also get 100% pen in 122

1:12:25 means that the government has imposed the same Two penalties were imposed on the transaction because Supplier gave invoice without supply People receive many fake invoices for services If you make a lot of fake invoices then in such a case What is the use of services, make anything and give it to me OK, but if they find out, the whole baraat will come We will definitely invest 100% in the supplier He took ITC without paying the recipient Receipt of goods and service is also 100% So the government's silver is Rs. 100 crore more than this. What is even more important than this, brother, did you understand? If it happens then okay clap, did you understand this? what so what action here in this section Yes it can happen to two or three people at a time The supplier may have blamed two or three people

1:13:11 Goods delivered by supplier without invoice Goods were given and invoice was also made by the supplier and Transporter transported the goods knowing that there is no invoice on it It will be put on him as well and the Verus Keeper goods kept knowing gbal tension is on him as well or on all three 100 Son, do whatever you want to do with the whole wedding procession we will come, clap, ok brother, ok big Dangerous section is section 122 subsection V If you understood then clap, okay so this was it Regarding section 1221, OK is different I explained the types of offences to you. that not whether you understood it or not please tell me

1:13:59 any answer no come on come on it has come yours has come Answer come When I went there I saw that here we have a section 1221 coming now 1221 now this one a and this one b just added See what it says in the last one or two years Section 122B is any person who is written in Benefit of Transaction Underline How to retain the benefit of transaction covered under now class A's one and two now class means this A The forests of and Two and C's one and two then C means here

1:14:49 ITC yes brother government these two offences It is very serious, everything else is fine brother, but these two The offence is so serious that the invoice holders Offences and ITC related offences which are multiple there are a lot of them happening so if a person Who retains the benefit of transactions covered Under above clause a12 of section 121 and Whose Instance Underline and Whose Instance In such cases, true transaction is conducted I have ok penalty which is equal to tax wedded 100% ok itc available for and pass on That means this has happened 100%, now see what this guy did the person with offended invoice or ITC

1:15:34 The man was penalized under section 122 And the person who gave this advice at Huj Instances in which a person gives advice and commits an offence got it done and also kept some of my own margin generally Counselors, okay brother, anyway, we are of age a CA is CM, CS is honest but now something there are people who are unfortunately okay I am practicing, brother, look I am yours I will arrange the transaction and give it to him Give me the invoice, please give it to him, okay someone? There is no need to supply fake invoices of services and keep my margin if Do we have any such counsellor now, Nirmala ji said that no such counsellor would Listening is giving by managing transactions Please give me your point by managing this transaction

1:16:20 If it is found out that a counselor has Get your transaction managed here and also yours If you keep your benefit then ok, if you keep your benefit also then He too will not be spared and beyond that Also 100% tax sorry penalty will be levied If you understand then hit the handle and type A If you have understood then type now 1221 B penalty for o this is important exam There may be a question regarding penalty for oh ok write here who will get this penalty Counselor, don't write my name, just counselor Write to us counsellor, we don't normally do this Ok But whoever is a counsellor, he is in penalty

1:17:08 A penalty of 1221B will be imposed on this CO It has happened and brother where does that come from, a 95 I am coming, tell me brother, did you remember 95? Is 100% and one more comes in TCS ok If you remember, then clap, I remember Is Tell me the truth, I am not complimenting you anymore I don't want to praise myself again and again I just want to get one satisfaction that yes this mechanism is helping you ok I am missing the chart 95 chart TCS I am remembering the chart. You must be remembering it. So type four loudly so here it is 122 B penalty for o now o p what is the penalty Look, this staring can come in the exam is this also supplied through it by RP other

1:17:56 the person ascended from registration yes its a registration I will make a very nice chart in the chapter When we read the registration chapter on O ok you might have read it but when we read it then put some responsibility on this ok joe ua RP has been given MPN, ok some U RP who gave the empanelment from registration except that If goods of other URP are sold in this own sells from the platform which we have did not give the advance and he would be unregistered and and if you sell it then in case There will be a penalty in that case. Second is allow interested supply through it by a person who is not so eligible now look like composition dealer composition dealer

1:18:42 supplies the goods to EO We saw this in section 102 service cannot be done if service is done So you don't get the seal but if you buy the goods If he gets the seal then he can supply the goods is an unregistered person who is carrying goods If the supply is being done through EO then the Government has put a restriction on the EO that their There will be no interstate I repeat It will not be interstate but if someone got the composition dealer's interstate done or ok so in that case it is my responsibility He should not do it and if he is doing it then he 100% penalty was imposed on him in the situation If it goes ok then first URPF o fails to furnish correct details in GSTR 8 of Outwork Supply of Goods

1:19:29 Affected through it by a person ascented from obtaining registration means which Person under age limit from registration is under age from registration hai ok that's o can sell his goods through his All details should be sent to EO in GSTR 8. Update will have to be done if EO has declared it unregistered Details of the person who is an unregistered person If details are not updated in GSTR 8 EO will be punished and on top of that Penalty will be imposed and the penalty is Rs 10,000 Write in brackets the penalty here and Add 10000 and IGST will be 20000 Consider it similar to SGST and If there is IGST then Rs 20,000 and tax evolves Supply was made RP other than tax

1:20:18 Evolve if this supply was made by RP Other Then Composition Dealer So the more the tax evolved Is So this will remain nothing but 100% tax Evolve means 100% sure you are higher Take Hey so this was the section here on the okay side look at the study mat on the side look at the side study mat look i am covering everything Things Keep looking at the study mat on the side, Surprise Fam I am covering it very well o We have covered that as well and highlighted it Go to the side and look for the study mat there

1:21:05 Keep highlighting whatever we saw also highlight the one two are you highlighting this one Highlight all three situations two we saw there So this is N and B, after that 1222 come on go to 1222 register person now this Look what does it say, now register some action What we have been seeing in person till now Taxable person or the person receiving the benefit That action register means which in GST

1:21:51 It is registered and it may be ok Supplies of SOG and SOS on which tax not another shot has been paid ironically Refunded and Ver ITC Has Been Rangli Available and utilized means one to okay or else or ITC Rangli available and utilized for Reason other than fraud will happen, highlight other Then there will be fraud by wilful misstatement and If separation of fax will happen then higher of ok this to 10000 and 10 per which ever is higher and If it happens by reason of fraud then it is ok 10000 or 100% now keep this provision Sir it looks similar ok this is it

1:22:39 It looks similar to what we have seen I saw it in 70 4 I saw it in demand yes But be careful son, if your action is here 73 74 74a happened you will be paying attention if it is 73 74 or 74 A If it has happened in me then it won't happen here penalty but your action in that section It did not happen as the base judgement assessment was done OK or Audit Sorry Inspection happened and You are a registered person in the inspection You are a registered person and you have made a short payment Not paying tax, Erroneous refund Now understand the example of base judgement The assessment will now be a base judgement assessment So the action should be in section 62 or 63.

1:23:25 If it goes here then demand recovery does not come I get into a section by myself but if You will be registered n specially 62 and your bej must have happened be judgemental assessment happened and the order has to be placed in the same section Then this point can be considered there whether you are a fraud or other than a fraud Is this a fraud or something else than fraud It can be checked here and according to Penalty can be imposed in this short In simple words I would say where the action is 73 74 not getting into 74a and your short Payment with non payment or irrecoverable refund If there is a case then the government can file a case under section 1222 ok fraud and other than fraud animal fide and

1:24:12 Penalty will be imposed on you after seeing bonafide intention If you can apply it here then if there is other than fraud If it happens then it will be 10 rupees and 10000 rupees will be higher and ok here it is 100% and 10000 rupees higher but if the action under section 1222 If this happens then there is no exemption from penalty It is not there here, it is 100% straight, I repeat It is 100% straight forward, there is no penalty here There is no concession, if you want to write then write it, ok No benefit from the penalty is straight 100% So this was the section 1222 Highlight 1222 in notes Quantum of penalty and highlighting of penalty do it Penalty will be IGST Yes Write here

1:24:58 If there is two IGST then write 20000 here Give where amount is quantified Double the IGST then 20000 where quantified where in percentage There is no problem there because the GST is as much It will be 10% where the amount is It is quantized, make it 20000 there If there is IGST then it will be 20000 20000 tax here also two this was section 1222 done now come to 1233 other person for ch no Penalty covered now yes this is another highlight

1:25:45 Person for which no penalty is covered now above Penalty is not covered, write it here Annie Person huh here's probably a minute in the chart ha annie person h one write first write go to aids and abet ed and now Bet in but any of the now 21 Offenses at and now bit any of the now 21 Offenses If you want to understand its meaning then look above

1:26:33 The offences given now mean this is in 1221 If you want to write then 21 offences means 1221 in section 1221 now in this if you If you look carefully then you can see the transporter A penalty has been imposed on the Veras keeper as well it is ok but if you don't put it on buyer Bayer will evolve ok i repeat what bayer If it evolves then tell me not to bet on buyers Wherever it is posted on the recipient or buyer If not, in such a case, if it is found out that the buyer is also evolved, meaning the one who is buying he is also evolved so against him Penalty is imposed in 1223 in 1223 or any Any person who is not covered above

1:27:18 ok you can't impose penalty twice bro It was also put in 121, it was also put in 1221 And he also put it here that it is not so The scope is kept covered somewhere up top If this is not done then a penalty will be imposed here as well can if he helps then ok joe He is a helper, he helps, aid or abet any offences then understand that there is a manager who In this it is the evolved not the owner but the evolved manager The accountant has evolved, who has evolved Have you tried or the owner with the owner We have tried together to impose a penalty on him here it might take 122 Now Second deals in a goods liable to Confine will be any third person and

1:28:04 Deals in a goods liable to confine Dis in good liber to confine in brackets Write Weather Receiving Supplanting means somehow collecting the goods from the store Helping Transport if you do it here

1:28:53 But the upper penalty is levied on the owner. But if it is not above then penalty is imposed in 1221 So here's the penalty other person who evolved get into it will go okay third write down the res and deal res Meaning this specially buyer receive and deal with Services SOS in contravention of this Act In contravention of this Act means you have done any took service and took it in contention of this act So this is the penalty 1223

1:29:41 ka 1223 next write fail to appear before authority Fails to Appear Before authority who has issued the summons is this The institute is your favorite if A summons may have been issued against whichever person The man who is present was summoned in the end No If this happens then a penalty may be imposed

1:30:35 and next fails to issue and accounts y and Accounts Meaning accounting is not done fails to issue and Accounts Any invoice for supply in his books of account in his books of account i.e. if he did not do the accounting properly It is okay in the books, the invoice must have been given but The issue was not mentioned in the books. Its issue was mentioned in the books. If proper accounting is not done then this penalty will be imposed may be This can be a penalty under section 1223

1:31:24 okay so here's the penalty extending to 25000 I Repeat Penalty Extending Natoo 25000 and a penalty of Rs. 25000 will be imposed and If there is IGST then If IGST is 50000 then up to 25000 up to 50000 then asked two-three times to be present on summons If you don't do it then how dirty can you look? Two 25000 or proper in books you You did not do the accounting and gave the invoice Invoice was given to the same customer as well but books I did not do the accounting properly, okay? Then the accounting would not have been done in the books Proper you did not commit invoice fraud

1:32:10 You gave me the delivery and the invoice and the books If I have not done accounting then its ups and downs A penalty of Rs 25,000 may be imposed There can be a penalty of Rs 25,000 Correct This was my son's penalty under section 122 3

1:32:59 Yes Comes in regular matte where are you going now yes you are here right now did you highlight it etc highlighted is it ok

1:33:45 vane you came here hope you highlighted You might have committed an offence related to the invoice Offenses Related to TD Studies Offenses Related to ITC Refund and then record documents Books of account offences relating to Registration Transportation Storage Other Offences Penalty 10020 or Equivalent The amount is yours The benefit that will remain after that that same penalty you got Penalty highlighted in all three cases will be Penalty to Register in Person Here But here is what is other than fraud

1:34:33 If it happens then you have paid the penalty here jotted down Any person will be penalized for these four offences Hai abe deal with the [music] goods after that summons summons underlining and failure in the books of If you count then this penalty will be imposed on you. A penalty will be imposed on you dun dun dun dun a lot you are getting tired very fast So let's look at question one ABC Ltd. File a refund application under section 54 of CGST Act for their export

1:35:19 Mistakenly included exam turner as a part off der export Leading to an Excess Refund Claim of Rs 20,000 each For CGST SGST means exam by mistake I also told him that I shouldn't have met him and he Ekam was not even exported for which refund Claim was Rs 20,000 each for CGST determined The Total Penalty CGST SGST Under GST The Law for Advertent Error and Not Intentional and pallets error ok in dutton Or it will not be intentional if you refund listen carefully which is aronius refund and

1:36:05 This is the Aaronius refund which Have you filed a refund claim under section 54 So here is the section that I used went to that section 122 1222 was used now why was 1222 used

…