Cognizable and Non-bailable | Non-cognizable` |
Following offences which attract imprisonment which may extend to 5 years would be cognizable and non bailable in terms of Section 132(5):
1) Making a supply without issue of an invoice or grossly mis-declaring the description of the supply on invoice, in contravention of this Act, to intentionally evade tax ; 2) Issues any invoice or bill without supply in violation of the provisions of this Act/rules made thereunder leading to wrongful availment of credit or refund of tax 3) Avails input tax credit using such invoice or bill referred to above; 4) Collects any amount as tax but fails to pay the same to the credit of the Government beyond a period of three months from the date on which such payment becomes due; |
All other offences specified under Sec 132 apart from those mentioned as cognizable/non bailable shall be non-cognizable/ bailable in terms of Section 132(4) |
(ICAI FAQ PUBLICATIONS 06-09-2017 Punishment for Certain Offences: FAQ NO. 27)