GST India Forum – Goods and Services Tax (GST) in India › Forums › Bare Law › Sec 130- Confiscation of goods or conveyances and levy of penalty
- AdminKeymasterApril 14, 2017 at 3:10 AMPost count: 130Topics: 129
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(1) Notwithstanding anything contained in this Act, if any person-
(i) supplies or receives any goods in contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or
(ii) does not account for any goods on which he is liable to pay tax under this Act; or
(iii) supplies any goods liable to tax under this Act without having applied for registration; or
contravenes any of the provisions of this Act or the rules made thereunder with intent to evade payment of tax; or
(v) uses any conveyance as a means of transport for carriage of goods in contravention of the provisions of this Act or the rules made thereunder unless the owner of the conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance,
then, all such goods or conveyances shall be liable to confiscation and the person shall be liable to penalty under section 122.
(2) Whenever confiscation of any goods or conveyance is authorised by this Act, the officer adjudging it shall give to the owner of the goods an option to pay in lieu of confiscation, such fine as the said officer thinks fit:
Provided that such fine leviable shall not exceed the market value of the goods confiscated, less the tax chargeable thereon:
Provided further that the aggregate of such fine and penalty leviable shall not be less than the amount of penalty leviable under sub-section (1) of section 129:
Provided also that where any such conveyance is used for the carriage of the goods or passengers for hire, the owner of the conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine equal to the tax payable on the goods being transported thereon.
(3) Where any fine in lieu of confiscation of goods or conveyance is imposed under sub-section (2), the owner of such goods or conveyance or the person referred to in sub-section (1), shall, in addition, be liable to any tax, penalty and charges payable in respect of such goods or conveyance.
(4) No order for confiscation of goods or conveyance or for imposition of penalty shall be issued without giving the person an opportunity of being heard.
(5) Where any goods or conveyance are confiscated under this Act, the title of such goods or conveyance shall thereupon vest in the Government.
(6) The proper officer adjudging confiscation shall take and hold possession of the things confiscated and every officer of Police, on the requisition of such proper officer, shall assist him in taking and holding such possession.
(7) The proper officer may, after satisfying himself that the confiscated goods or conveyance are not required in any other proceedings under this Act and after giving reasonable time not exceeding three months to pay fine in lieu of confiscation, dispose of such goods or conveyance and deposit the sale proceeds thereof with the Government.Priya MadrechaModeratorMay 23, 2017 at 2:24 PMPost count: 280Topics: 4
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This section provides for specific causes leading to confiscation of goods/conveyances. The nature of authorization to confiscate and opportunity to release goods/conveyances liable for such confiscation are detailed in this section.
There are five precise causes for confiscation of goods specified in this section and they are:
Supply or receive goods in contravention of the Act or rules made thereunder Resulting in actual evasion of tax
Not accounting for goods Carrying a liability to payment of tax
Supply of goods liable to tax Without applying registration
Contravention of the provisions of Act or rules made thereunder With intent to evade payment of tax
Use of conveyance to transport/store goods In contravention of the Act or rules made thereunder
— In all the above cases, goods or conveyance shall be liable for confiscation. However the conveyance shall not be confiscated where the owner of the conveyance proves that it is without the connivance of owner himself, his agent or person in charge of the conveyance. Further, the person shall be liable to pay penalty under section 122 of the Act.
Confiscation of goods of person/owner:
— If the goods are liable to be confiscated under the provisions of this Act, satisfying any of the above causes, the proper officer shall give the owner of the goods, or where the owner is not known, person in whose custody the goods are found or the owner of the conveyance or the person in-charge of the conveyance; an option to pay fine in lieu of confiscation.
— The amount of fine shall not exceed the market value of goods as reduced by the amount of tax payable thereon. However, at the same time the same shall not be less the amount of penalty as leviable under section 129. While section 129 is applicable on transporters, section 130 primarily overs the owner.
— Where the conveyance is used for transportation of goods or passenger on hire, the owner of the conveyance shall be given an option to pay fine equal to amount of tax payable on the goods transported on his conveyance. It is worthwhile to note that the amount of fine payable is in addition to tax and other charges payable on confiscated goods.
— The order for confiscation cannot be issued without giving the person an opportunity of being heard.
— The title of the confiscated goods or conveyance shall be vested upon the Government. The proper officer adjudging confiscation shall take and hold possession of the things confiscated on behalf of the Government and every officer of police shall assist in taking such hold and possession.
If the proper officer is satisfied that the confiscated goods/conveyance are not required for any proceedings under the Act, than he shall after giving reasonable time not exceeding 3 months to pay fine in lieu of confiscation, dispose the goods and deposit the sale proceeds with the Government.
130.3 Comparative review
The provision as discussed above for confiscation of goods and levy of penalty is akin to current confiscation provisions under Sections 33 and 34 of the Central Excise Act, 1944.
130.4 Related provisions
Section / Rule Form / Description Remarks
Section 122 Offences and
Penalties Specifies the gist of offences under the Act
Section 126 General discipline related to penalty The principles and disciplines related to impose of penalty
Q1. Are all cases of contraventions of any of the provisions of the Act or Rules liable for confiscation?
Ans. No, only if the contravention of the provisions results in evasion of taxes or there lies an intent to evade the payment of tax, confiscation of goods/conveyance is permissible.
Q2. What is the maximum amount of fine in lieu of confiscation that can be levied?
Ans. The maximum amount of fine in lieu of confiscation shall not exceed the market price of the goods confiscated, less the tax chargeable thereon
Q3. Can the option to pay redemption fine in lieu of confiscation of goods be given to any person other than the owner of the goods?
Ans. Yes, in cases where owner is not known, the person from whose possession or custody such goods have been seized.
Q4. Is option to pay fine in lieu of confiscation of goods is to be granted in each case or at the discretion of the officer?
Ans. The option to pay fine in lieu of confiscation is not at the discretion of proper officer but it is an option Provided by law.
Q5. Can the option to pay fine in lieu of confiscation be exercised anytime?
Ans. The option to pay fine in lieu of confiscation shall be exercised within 3 months of confiscation.
Q1. Option of redemption of goods liable for confiscation shall be given to –
(a) Firstly to owner;
(b) Firstly to person who was in possession when seized.
(d) None of the above.
Ans. (a) Firstly to owner
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