107. Compounding of offences.
(1) Any offence under the Act may, either before or after the institution of
prosecution, be compounded by the Competent Authority on payment, by the person
accused of the offence to the Central Government or the State Government as the case
be, of such compounding amount and in such manner of compounding as may be
prescribed:
PROVIDED that nothing contained in this section shall apply to ---
(a) a person who has been allowed to compound once in respect of any of the
following offences;
(i) ………. of the CGST Act
(ii) ………. of the SGST Act of the State
(iii)……….of the IGST Act
(b) a person who has been allowed to compound once in respect of any offence
(other than those in clause (a)) under the Act or under the provisions of any
other SGST Act or IGST Act in relation to supplies of value exceeding rupees
one crore;
(c) a person who has been accused of committing an offence under the Act which
is also an offence under the Narcotic Drugs and Psychotropic Substance
Act,1985 (61 of 1985), the Foreign Exchange Management Act, 1999 (42 of
1999) or any other Act;
(d) any other class of persons or offences as may be prescribed.
PROVIDE FURTHER that any compounding allowed under the provision of this section
shall not affect the proceedings if any, instituted under any other law.
PROVIDED also that compounding shall be allowed only after making payment of tax,
interest and penalty involved in such offences.
(2) The fees for compounding of offences under this section shall be as may be
prescribed under the rules to be made under sub-section (1), subject to the minimum
fee not being less than rupees ten thousand or fifty per cent of the tax involved,
whichever is greater, and the maximum fee not being more than rupees thirty thousand
or one hundred and fifty per cent of the tax, whichever is greater.
(3) On payment of such sum as may be determined by the prescribed authority, no
further proceedings shall be initiated under the Act against the accused person in respect
of the same offence and any criminal proceedings, if already initiated in respect of the
said offence, shall stand abated.
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