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Section 76

Any person—

of Service Tax Act 2018

ActIn forceProvision 102 of 127
Section 76

(a)

being an employee of a taxable person or foreign registered person or a person authorized under section 75 who—

(i)

withholds for his own use or otherwise any portion of the amount of service tax or penalties collected under this Act;

(ii)

otherwise than in good faith, demands from any person an amount in excess of any assessment of service tax due and payable, or penalties payable, under this Act;

92

(iii)

submits any false return, statement or report, whether in writing or otherwise, of the amount of service tax or penalty collected or received by him under this

Act; or

(iv)

defrauds any person, embezzles any money, or otherwise uses his position so as to deal wrongfully either with the Director General or any other individual; or

(b)

not being authorized under this Act who collects or attempts to collect any service tax or penalty under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.