138Compounding of offences.
(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 may be, of such compounding
amount in such manner as may be prescribed:
Provided that nothing contained in this section shall apply to---
1[(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* * * * *
3[(c) a person who has been accused of committing an offence under clause
(b) of sub-section
(1)
of section 132;]
(d) a person who has been convicted for an offence under this Act by a court;
4* * * * *
(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
5[twenty-five per cent. of the tax involved and the
maximum amount not being more than one hundred per cent. of the tax involved].
(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.
Download our fully-offline, High speed android app.- Click here