Chapter V of Finance Act, 1994
  • Section
[1]89. Offences and penalties.-

(1) Whoever commits any of the following offences, namely,-

2[(a) knowingly evades the payment of service tax under this Chapter; or]

(b) avails and utilises credit of taxes or duty without actual receipt of taxable service or excisable goods either fully or partially in violation of the rules made under the provisions of this Chapter; or

(c) maintains false books of account or fails to supply any information which he is required to supply under this Chapter or the rules made thereunder or (unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true) supplies false information; or

(d) collects any amount as service tax but fails to pay the amount so collected to the credit of the Central Government beyond a period of six months from the date on which such payment becomes due, shall be punishable,-

3[(i) in the case of an offence specified in clauses (a), (b) or (c) where the amount exceeds fifty lakh rupees, with imprisonment for a term which may extend to three years:

                Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term of less than six months;

  (ii) in the case of the offence specified in clause (d), where the amount exceeds fifty lakh rupees, with imprisonment for a term which may extend to seven years:

          Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term of less than six months;

  (iii) in the case of any other offences, with imprisonment for a term, which may extend to one year.]

4[(2) If any person is convicted of an offence punishable under-

     (a) clause (i) or clause (iii), then, he shall be punished for the second and for every subsequent offence with imprisonment for a term which may extend to three years;

     (b) clause (ii), then, he shall be punished for the second and for every subsequent offence with imprisonment for a term which may extend to seven years.]

(3) For the purposes of sub-sections (1) and (2), the following shall not be considered as special and adequate reasons for awarding a sentence of imprisonment for a term of less than six months, namely :-

(i) the fact that the accused has been convicted for the first time for an offence under this Chapter;

(ii) the fact that in any proceeding under this Act, other than prosecution, the accused has been ordered to pay a penalty or any other action has been taken against him for the same act which constitutes the offence;

(iii) the fact that the accused was not the principal offender and was acting merely as a secondary party in the commission of offence;

(iv) the age of the accused.

(4) A person shall not be prosecuted for any offence under this section except with the previous sanction of the 5[Principal Chief Commissioner of Central Excise or] Chief Commissioner of Central Excise.”;

 

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Notes:

1. Inserted vide Finance Act, 2011, w.e.f. 8-4-2011

2. Substituted vide Finance Act, 2012, w.e.f. 28-5-2012 before it was read as, “(a) provides any taxable service chargeable to service tax under sub-section (1) of section 68 or receives any taxable service chargeable to tax under subsection (2) of said section, without an invoice issued in accordance with the provisions of this Chapter or the rules made thereunder; or”

3. Substituted vide Finance Act, 2013, w.e.f. 10th May, 2013, before it was read as,

“(i)  in the case of an offence where the amount exceeds fifty lakh rupees, with imprisonment for a term which may extend to three years :

Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term of less than six months;

(ii) in any other case, with imprisonment for a term, which may extend to one year.”

4. Substituted vide Finance Act, 2013, w.e.f. 10th May, 2013, before it was read as,

“(2) If any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to three years :

Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for a term less than six months.”

5. Inserted vide THE FINANCE (No. 2) ACT, 2014