Section 127 of the CGST Act, 2017

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GST›CGST Act, 2017›Chapter XIX, Offences and Penalties

At a glance

Procedure, powers and definitions

  • 127Where a penalty is outside proceedings under sections 62, 63, 64, 73, 74, 129 or 130, the proper officer may levy it by order after a reasonable hearing. The added section 74A exclusion has an unstated commencement date.
  • 127The law does not settle what notice period or hearing form makes the opportunity reasonable.

The proper officer may impose a penalty after a reasonable hearing where the matter is not covered by the listed assessment, demand, detention or confiscation proceedings. This is a separate order-making route for such penalties. The text also adds section 74A to the excluded proceedings, but its amendment footnote does not establish when that addition took effect.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 127, verbatim (show)

Section 127

* Section 127. Power to impose penalty in certain cases.-

Where the proper officer is of the view that a person is liable to a penalty and the same is not covered under any proceedings under section 62 or section 63 or section 64 or section 73 or section 74 1[or section 74A] or section 129 or section 130, he may issue an order levying such penalty after giving a reasonable opportunity of being heard to such person.

*Enforced w.e.f. 1st July, 2017 .

1. Inserted by section 145 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Conditions for the residual penalty order 127

Questions to answer on the file7 questions
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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 127 as footnoted in the CBIC text
NoteChange
1Inserted by section 145 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.[2]
Provisions connected to Section 127
ProvisionConnectionWords that tie them
Section 62127 exception in Section 62127 "section 62"
Section 63127 exception in Section 63127 "section 63"
Section 64127 exception in Section 64127 "section 64"
Section 73127 exception in Section 73127 "section 73"
Section 74127 exception in Section 74127 "section 74"
Section 74A127 exception in Section 74A127 "section 74A"
Section 129127 exception in Section 129127 "section 129"
Section 130127 exception in Section 130127 "section 130"
Section 2127 defined by Section 2 clause (91)127 "the proper officer"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (2)

NumberDateSubject
Circular No. 224/18/2024-GST11 July 2024Guidelines for recovery of outstanding dues, in cases wherein first appeal has been disposed of, till Appellate Tribunal comes into operation.
Circular No. 3/03/2017-GST5 July 2017Proper officer relating to provisions other than Registration and Composition under the Central Goods and Services Tax Act, 2017-Reg.

Notifications (2)

NumberDateSubject
Notification No. 12/2024-Central Tax10 July 2024Seeks to make amendments (Amendment, 2024) to the CGST Rules, 2017.
Notification No. 16/2019-Central Tax29 March 2019Seeks to make Second Amendment (2019) to CGST Rules.

Unsettled questions

The words of section 127 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. What makes the hearing opportunity reasonable for the person before a penalty order under section 127? The section prescribes no minimum notice period or hearing form.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 127. Power to impose penalty in certain cases". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. The Finance Act (No. 2) Act, 2024. Cited in CBIC footnote 1.

External links