CGST Section 138: Compounding of Offences

Provisions under Section 138 of the CGST Act 2017 relating to “Compounding of Offences”:

Section 138: Compounding of Offences (CHAPTER XIX: OFFENCES AND PENALTIES) [*1]

(1) Any offence under this Act may, either before or after the institution of prosecution, be compounded by the Commissioner 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 in such manner 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 offences specified in clauses (a) to (f), (h), (i) and (l) of sub-section (1) of section 132; [*2(a)]

(b) [*2(b)]

(c) a person who has been accused of committing an offence under clause (b) of sub-section (1) of section 132; [*2(a)]

(d) a person who has been convicted for an offence under this Act by a court;

(e) [*2(b)]

(f) any other class of persons or offences as may be prescribed:

Provided further that any compounding allowed under the provisions 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 amount for compounding of offences under this section shall be such as may be prescribed, subject to the minimum amount not being less than twenty-five percent of the tax involved and the maximum amount not being more than one hundred percent of the tax involved [*2(c)].

(3) On payment of such compounding amount as may be determined by the Commissioner, no further proceedings shall be initiated under this 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.

Notes (History of Amendments in Bare Text):

1. CGST Section 138 introduced vide GOI Notification dated 12/04/2017, followed with CBEC Notification 9/2017 on commencement date of 01/07/2017.

2. Amendments vide section 157 of the Finance Act, 2023, followed with Notification 28/2023 on commencement date of 01/10/2023:

(a) in sub-section (1), in the first proviso, clause (a) and (c) substituted. Please refer Notification dated 12/04/2017 thereof before substitution.

(b) clause (b) and (e) omitted. Please refer Notification dated 12/04/2017 thereof before omission.

(c) in sub-section (2), the text “ten thousand rupees or fifty percent of the tax involved, whichever is higher, and the maximum amount not being less than thirty thousand rupees or one hundred and fifty percent of the tax, whichever is higher”, substituted with the text “twenty-five percent of the tax involved and the maximum amount not being more than one hundred per cent of the tax involved”.