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CS Executive · Tax Laws and Practice · Procedural Compliance under GST

Under section 126 of the CGST Act, when a person voluntarily discloses a breach to the officer before the officer discovers it, what may the proper officer do?

The proper officer may treat the voluntary disclosure, made before the officer discovers the breach, as a mitigating factor while quantifying the penalty. It is a discretionary consideration, not an automatic waiver of the penalty, and it certainly does not increase the penalty.

  1. AMust waive the entire penalty
  2. BMust double the penalty
  3. CConsider the disclosure as a mitigating factor when quantifying the penaltyCorrect
  4. DIgnore it because disclosure has no relevance

Explanation

Section 126(5) says the proper officer may consider voluntary disclosure made before discovery as a mitigating factor in quantifying the penalty. It is discretionary and not an automatic waiver, and it is not ignored or penalized.

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