Page 92 - GSTL_6th August 2020_Vol 39_Part 1

18 GST LAW TIMES [ Vol. 39
(x) falsifies or substitute financial records or produce fake ac-
counts or documents or furnishes any false information or re-
turn with an intention to evade payment of tax under this Act;
(xi) is liable to be registered under this act but fails to obtains reg-
istration;
(xii) furnishes false or incorrect information either at the time of
applying for registration of subsequently;
(xiii) Obstruct or prevent any officer in discharge of his duties un-
der this act;
(xiv) transport any taxable goods without the cover of documents
as may be specified in this behalf;
(xv) Suppress 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 provision of this act or
rules made thereunder;
(xvii) fails to furnish information or documents called by an officer
in accordance with the provisions of this Act or rules made
there under or furnishes false information or documents dur-
ing the proceedings under this act;
(xviii) Supplies, transport or stores any goods which he has
reason to believe are liable to confiscation under this act;
(xix) issue any invoice or document by using the registration num-
ber of another registered person;
(xx) tampers with, or destroys any material evidence or document;
(xxi) Disposes off or tampers with any goods that have been de-
tained, seized, or attached under this act,
He shall be liable to pay a penalty of TEN THOUSANDS RUPEES or an
amount equivalent the tax evaded or the tax not deducted/collected under
section 51 or short deducted or deducted but not paid to government or tax
not collected under section 52 or short collected or collected but not paid to
the Government or input tax credit availed of or passed on or distributed
irregularly, or the refund claimed fraudulently, whichever is higher.”
16. Section 74 of the Act, 2017 reads thus :
“74 Determination of tax not paid or short paid or erroneously refunded
or input tax credit wrongly availed or utilised by reason of fraud or any
wilful misstatement or suppression of facts. - (1) Where it appears to the
proper officer that any tax has not been paid or short paid or erroneously
refunded or where input tax credit has been wrongly availed or utilised by
reason of fraud, or any wilful-misstatement or suppression of facts to evade
tax, he shall serve notice on the person chargeable with tax which has not
been so paid or which has been so short paid or to whom the refund has er-
roneously been made, or who has wrongly availed or utilised input tax
credit, requiring him to show cause as to why he should not pay the
amount specified in the notice along with interest payable thereon under
section 50 and a penalty equivalent to the tax specified in the notice.

GST LAW TIMES  6th August 2020  92