Section 122 of CGST Act

Section 122(1)(vii) provides for penalty for taking the ITC. Section 122(2) also provides for penalty for wrong availment of ITC. Under which situation 122(1) will get attracted under which situation 122(2) will get attracted?

Replies (3)
Quick Summary
This discussion clarifies the application of Section 122 of the CGST Act concerning penalties for Input Tax Credit (ITC) claims. Section 122(1)(vii) specifically addresses penalties when ITC is claimed without the actual receipt of goods or services. Section 122(2) covers broader penalty provisions for both fraudulent and non-fraudulent wrongful availment of ITC, including situations where multiple offences under Section 122 are committed.

Sir,
122(1)(vii) - covers the specific cases where Invoice received & ITC availed without actual receipt of Goods r services - violation of sec.16

122(2) - All other cases - general cases with r without fraud.
Yes agree with CA Raghavendra.

Section 122(1)(vii) : ITC availed without receipt of Goods or Services & Section 122(2) imposing penalty for fraud & Non fraud cases.
If 2 or more offences under section 122 cgst committed then penalty pl

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
19 September 2026
Finance Manager

Mugdha Art Studio

Hyderabad

CA

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
ARTICLESHIP 15 September 2026
Freelance Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
20 September 2026
Semi Qualified CA

Navin & Associates

Mumbai

CA Inter

View Details