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?

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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

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