Section 69, The Goods and Services Tax Act, 2009

(1) A person who makes a statement to the Commissioner- General that is false or misleading in a material particular is liable to a penalty, if an amount of GST payable by the person under this Act exceeds the amount of GST that would be payable if the person were assessed on the basis that the statement were true. (2) The amount of the penalty for which the person is liable under subsection (1) is the greater of Le 500,000 and– (a) if an amount of GST payable by the person would have been less if it were determined on the basis of the information provided in the statement, the amount by which that amount would have been so reduced; or (b) in a case where the amount of a refund of GST that the person applied for would be increased if it were determined on the basis of the information provided in the statement, the amount by which that amount would have been so increased. (3) No penalty is imposed under this section if in the opinion of the Commissioner-General the person who made the statement did not know and could not reasonably be expected to know that the statement was false or misleading in a material particular. (4) A reference in this section to a statement made to a tax officer includes a reference to a statement made orally, in writing or in any other form to that officer acting in the performance of the officer’s duties under this Act, and includes a statement made– (a) in an application, certificate, declaration, notification, return, objection, or other document made, prepared, given, filed, lodged, or furnished under this Act; (b) in any information required to be furnished (c) in a document furnished to a tax officer otherwise than pursuant to this Act; (d) in an answer to a question asked of a person by a tax officer; or (e) to another person with the knowledge or reasonable expectation that the statement would be conveyed to a tax officer. 86 87 provide facilities. comply with notice to give information. Noncompliance with GST- inclusive price quotation requirement. Penalty for making false or misleading statements. (5) A reference in this section to a statement that is misleading in a material particular includes a reference to a statement that is misleading because of the omission of any matter or thing from the statement.