Sec 131 – Confiscation or penalty not to interfere with other punishments

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Sec 131 – Confiscation or penalty not to interfere with other punishments 2017-04-14T02:43:48+00:00

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  • Miloni ShahMiloni Shah
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    #1120 |

    Without prejudice to the provisions contained in the Code of Criminal Procedure, 1973, no confiscation made or penalty imposed under the provisions of this Act or the rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law for the time being in force.

    Priya MadrechaPriya Madrecha
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    131.1  Introduction
    This is an administrative provision which empowers the Government to initiate other proceedings, as relevant, in addition to confiscation of goods or imposition or penalty.
    131.2  Analysis
    Normally, the inference is that where the goods are confiscated or where any penalty is imposed, no other proceedings which are punitive in nature should be initiated.
    This Section provides that in addition to confiscation of goods or penalty already imposed, all / any other proceedings may also be initiated or continued under the GST law or any other law, as applicable. This could be prosecution, arrest, cancellation of registration etc., as applicable and Provided for the relevant non-compliances.
    131.3  Comparative review
    This provision is similar to Section 34A of the Central Excise Act, 1944.

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