Page 163 - GSTL_18th June 2020_Vol 37_Part 3
P. 163

2020 ]  IN RE : OMSAI PROFESSIONAL DETECTIVE AND SECURITY SERVICES PVT. LTD. 377
                                  (iv)  collects any tax in contravention of the provisions of this
                                      Act but fails to pay the same to the Government beyond
                                      a period of three months from the date on  which such
                                      payment becomes due;
                                  (v)  fails to deduct the tax in accordance with the provisions
                                      of sub-section (1) of section  51, or deducts an amount
                                      which is less than the amount required to be deducted
                                      under the said sub-section, or where he fails to pay to the
                                      Government under sub-section (2) thereof, the amount
                                      deducted as tax;
                                  (vi)  fails to collect  tax in  accordance with the provisions of
                                      sub-section (1) of section 52, or collects an amount which
                                      is less than the amount required to be collected under the
                                      said sub-section or where he fails to pay to the Govern-
                                      ment the amount collected as tax under sub-section (3) of
                                      section 52;
                                  (vii)  takes or utilises input tax credit without actual receipt of
                                      goods or services or both either fully or partially, in con-
                                      travention of the provisions of this Act or the rules made
                                      thereunder;
                                  (viii) fraudulently obtains refund of tax under this Act;
                                  (ix)  takes or distributes input tax  credit in contravention of
                                      section 20, or the rules made thereunder;
                                  (x)   falsifies or substitutes financial records or produces fake
                                      accounts or documents or  furnishes any  false infor-
                                      mation or return with an intention to evade payment of
                                      tax due  under this Act; Non-appealable decisions and
                                      orders. Penalty for certain offences.
                                  (xi)  is liable to be registered under this Act but fails to obtain
                                      registration;
                                  (xii)  furnishes any false information with regard  to registra-
                                      tion particulars, either at the time of applying for regis-
                                      tration, or subsequently;
                                  (xiii)  obstructs or prevents any officer in discharge of his du-
                                      ties under this Act;
                                  (xiv)  transports any taxable goods without the cover of docu-
                                      ments as may be specified in this behalf;
                                  (xv)  suppresses his turnover leading to evasion of tax under
                                      this Act;
                                  (xvi)  fails to keep, maintain or retain books of  account and
                                      other documents in accordance with the provisions of
                                      this Act or the rules made thereunder;
                                  (xvii) fails to furnish information or documents called for by an
                                      officer in  accordance  with the provisions  of  this Act or
                                      the rules made thereunder or furnishes false information
                                      or documents during any proceedings under this Act;
                                  (xviii) supplies, transports or stores any  goods which he has
                                      reasons to believe are liable  to confiscation under this
                                      Act;
                                  (xix)  issues any invoice or document by using the registration
                                      number of another registered person;
                                  (xx)  tampers with, or destroys any material evidence or doc-
                                      ument;

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