Penalty waiver for non-compliance of QR Code

Last updated : February 25th, 2023 06:16 pm

Penalty waiver for non-compliance of QR Code

Recently, to ease up the implementation process of QR (i.e. Quick Response) Code under Goods and Services Tax, the Central Board of Indirect Taxes and Customs came up with penalty waiver for non-compliance till the period 31^st March 2021.

The present article covers the background of the introduction of QR code provisions under GST, the general penalty imposable for non-compliance of QR code and temporary penalty waiver announced in the matter.

QR Code provisions under Goods and Services Tax

Firstly, vide notification no. 31/2019- Central Tax dated 28^th June 2019, proviso containing provisions of QR Code was inserted in rule 46 to Central Goods and Services Tax Rules, 2017.

Further, vide notification no. 72/2019- Central Tax dated 13^th December 2019, the class of registered person required to comply with provisions of QR codes were notified. Accordingly, any registered person (having an aggregate turnover exceeding INR 500 Crores) issuing the invoice to an unregistered person shall have QR (i.e. Quick Response) Code. The notification is effective from 1^st April 2020.

Later on, the above notification was superseded vide notification no. 14/2020- Central Tax dated 21^st March 2020. According to the notification, QR code provisions are applicable to the registered person, having aggregate turnover exceeding INR 500 Crores but other than persons referred to in rule 54(2), 54(3), 54(4) and 54(4A), issuing the invoice to an unregistered person shall have Dynamic QR Code. The notification is effective from 1^st October 2020.

Penalty payable for non-compliance with the provisions of QR Code

Section 125 of the Central Goods and Services Tax Act, 2017 covers general penalty provisions. Accordingly, the person/ taxable person contravening the provisions of Act/ rules, the penalty for which is not specifically covered, shall be liable to pay penalty amount which may extend to INR 25,000.

Notably, the penalty for non-compliance with the provisions of QR code is not specifically covered under the Act and hence as per section 125, the defaulter can be made liable to a maximum penalty of INR 25,000.

Temporary penalty waiver for non-compliance of QR Code provisions

Vide notification no. 89/2020- Central Tax dated 29^th November 2020, the Central Board of Indirect Taxes and Customs has announced conditional waiver of penalty. The said penalty waiver is for non-compliance of the QR Code provisions (as per notification no. 14/2020- Central Tax dated 21^st March 2020).

The penalty waiver is available only during the period 1^st December 2020 to 31^st March 2021. Notably, the waiver is available subject to fulfilment of the following condition-

The defaulter, availing the benefit of penalty waiver, is mandatorily required to comply with the provisions of QR code, as stated above, from 1^st April 2021.

Meaning thereby that in case the defaulter fails to comply with the provisions from 1^st April 2021, penalty waiver will not be available and accordingly, the defaulter will be liable to pay the penalty even during the period 1^st December 2020 to 31^st March 2021.