Not mentioning Additional Place of Business
Surabhi Rohith Rao (1 Points)
06 December 2018Surabhi Rohith Rao (1 Points)
06 December 2018
SKumar
(Manager)
(385 Points)
Replied 08 December 2018
@ SRR
Please note, you have not indicated location of the additional place of business (i.e. in same state or different state) nor the ownership structure of entity..i.e. Proprietorship/Firm/LLP/HUF/Company/Trust etc, so reply below is generic.
Depending on the totality of facts and circumstances penalties and the degree & severity of breach of law provisions the penalty may be proposed. Please refer Section 126 of CGST act that specifies general disciplines to be followed by the Officer while imposing penalties.
Jurisdictional officer may issue a Show cause notice (SCN) for the following possible offence/s:
Fraud >> S/he submits false information while registering under GST
Others>> S/he does not maintain all the books that s/he is required to maintain by law
Tax Evasion>> S/he deliberately suppresses their sales to evade tax
Penalties for Fraud: Penalty 100% of tax due or Rs. 10,000 -whichever is higher (High value fraud cases also have jail term)
If Additional place of business is in another state...then GST Registration in such state must have been taken.
Offence: Failure to register under GST although s/he is required to by law
Penalty: Penalty 100% of tax due or Rs. 10,000 -whichever is higher
Jurisdictional officer can also use the General Penalty provisions:
Any offence under GST for which penalty is not specifically mentioned will be liable to a penalty extending Rs. 25,000.
Viral Dawda
(2 Points)
Replied 28 May 2019
GST Live Certification Course (39th Batch) - April 2024 (Weekend Batch) (With Certificate)
"Live class on Python for Financial Analysis: Unlocking Efficiency in Accounting and Finance"