Sec 129- Detention, seizure and release of goods and conveyances in transit

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Sec 129- Detention, seizure and release of goods and conveyances in transit 2017-04-14T03:09:14+00:00

GST India Forum – Goods and Services Tax (GST) in India Forums Bare Law Sec 129- Detention, seizure and release of goods and conveyances in transit

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    (1) Notwithstanding anything contained in this Act, where any person transports any goods or stores any goods while they are in transit in contravention of the provisions of this Act or the rules made thereunder, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance shall be liable to detention or seizure and after detention or seizure, shall be released,–
    (a) on payment of the applicable tax and penalty equal to one hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such tax and penalty;
    (b) on payment of the applicable tax and penalty equal to the fifty per cent. of the value of the goods reduced by the tax amount paid thereon and, in case of exempted goods, on payment of an amount equal to five per cent. of the value of goods or twenty-five thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such tax and penalty;
    (c) upon furnishing a security equivalent to the amount payable under clause (a) or clause (b) in such form and manner as may be prescribed:
    Provided that no such goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods.
    (2) The provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances.
    (3) The proper officer detaining or seizing goods or conveyances shall issue a notice specifying the tax and penalty payable and thereafter, pass an order for payment of tax and penalty under clause (a) or clause (b) or clause (c).
    (4) No tax, interest or penalty shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard.
    (5) On payment of amount referred in sub-section (1), all proceedings in respect of the notice specified in sub-section (3) shall be deemed to be concluded.
    (6) Where the person transporting any goods or the owner of the goods fails to pay the amount of tax and penalty as provided in sub-section (1) within seven days of such detention or seizure, further proceedings shall be initiated in accordance with the provisions of section 130:
    Provided that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of seven days may be reduced by the proper officer.

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    period of seven days may be reduced by the proper officer.
    129.1    Introduction
    This section provides for the provision relating to detention of goods or conveyances or both in case of certain defaults under the law.
    129.2    Analysis
    (a)    If a person contravenes any provision of the Act while transporting or storing goods, then such goods and the conveyance in which such goods are carried and all the documents relating to such goods and conveyance can be detained or seized. The proper officer detaining and seizing the goods and/or conveyance has to give proper opportunity to the transporter to explain his case by issuing a proper notice to him. After hearing the transporter the officer shall pass an appropriate order.
    (b)    In case of default, where the owner of the goods comes forward for the payment of tax, penalty will be levied equal to 100% of the amount of tax and in case of exempted goods 2% of the value of goods or Rs.25000/- whichever is less.
    (c)    In case where owner of the goods does not come forward for payment of tax, then an order shall be passed for payment of amount of tax and penalty equal to 50% of the value of goods reduced by tax amount paid (to be paid by any other person other than owner) and in case of exempted goods 5% of the value of goods or Rs.25000/- whichever is less.
    (d)    The proper officer shall release the goods upon the payment of tax and amount of penalty in the above manner or upon furnishing a security equivalent of the amount payable and all the proceedings under this particular section shall deemed to be concluded. However, if the person (either owner of the goods or any other person) fails to discharge the amount of tax and penalty under this section within 7 days, than the goods and/or conveyance shall be liable for confiscation. The period of 7 days can be reduced by proper officer if goods are of perishable or hazardous nature. Further, such goods can be released on provisional basis under bond as per the provisions of section 67.
    129.3    Related provision
    Section / Rule
    / Form      Description     Remarks
    Section 67      Inspection of goods in movement     Prescribed documents are requires to be carried along with the goods being transported.
    129.4    FAQs
    Q1.     Under what circumstances a conveyance can be detained?
    Ans. A conveyance can be detained, when the conveyance is used for – o     Transportation of any goods or  o     Storage of such goods while they are in transit
    in violation of the GST Act or rules made thereunder.
    Q2.     What is the quantum of penalties in case of detention/seizure of goods and/or conveyance?
    Ans.
    •    In case of owner– the quantum of penalty would be equivalent to the amount of tax and in case of exempted goods 2% of the value of the goods or Rs.25000/- whichever is less.
    •    In case, payment is to be made by the person other than the owner, penalty shall be 50% of the value of the goods and in case of exempted goods 5% of the value of goods or Rs.25000/- whichever is less..
    129.5 MCQs
    Q1.     The detained goods shall be released only after payment of –
    (a)    Applicable tax and penalty;
    (b)    Furnishing a security;
    (c)    Tax and Interest; (d)     Either (a) or (b).
    Ans. (d) Either (a) or (b)
    Q2. Number of days within which the amount of tax and penalty on seized goods should be paid-
    (a)    3;
    (b)    12; (c) 7;
    (d)     15.
    Ans. (c) 7

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