Offences & Penalties

Power to impose penalty in certain cases

Section 127, CGST Act

Chapter 19 Text as on 2026-09-05 Source CBIC

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In one line

Section 127 lets the proper officer impose a penalty where a person is liable to penalty but the case is not covered by the assessment/demand/detention sections, after a hearing.

What this means in practice

The parts that actually decide cases — the things a practitioner checks first.

1

Where a penalty is not covered by sections 62, 63, 64, 73, 74 or 74A, the officer must issue a separate order under section 127 after a hearing – a penalty tacked on to another order without that process is challengeable.

The exact words of the law

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Reproduced from the CBIC text. We explain it above — but you should always be able to read it yourself.

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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.

High Court cases on this section

Judgments in our index that cite this provision. Being listed does not make a case good law — it may have been appealed or distinguished since. Read it before relying on it.

What changed, and when

The amendment trail, newest first — because the version that applies to your case depends on the period.

date not stated · Inserted

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

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Where this comes from

Text reproduced from the Central Board of Indirect Taxes and Customs, as available on 2026-09-05. The explanation and practice notes above are GSTZone’s own, written for this hub. If you spot anything out of date, tell us and we’ll fix it — this hub is checked daily against CBIC.

section 127 cgstpower to impose penalty in certain cases

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