Section 129 of CGST Act

Detention, seizure and release of goods and conveyances in transit

 

 

• Enforced w.e.f. 1-7-2017.
• See Rule 142 of the CGST Rules, 2017; and
• Form Nos. INS – 04, DRC – 01, DRC – 03, DRC – 05, DRC – 07 and DRC – 08 of the CGST Rules, 2017.

 

Section 129 (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 penalty equal to 200%of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to 2% of the value of goods or 25000 rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty.

 

(b)  on payment of penalty equal to 50%of the value of the goods or 200% of the tax payable on such goods, whichever is higher and, in case of exempted goods, on payment of an amount equal to 5% of the value of goods or 25000 rupees, whichever is less, where the owner of the goods does not come forward for payment of such penalty.

 

 

Substituted by the Finance Act, 2021, w.e.f. 1-1-2022.

Prior to its substitution clause (a) and (b) are read as under: -

 

(a) on payment of the applicable tax and penalty equal to one hundred percent of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two percent 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 percent 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.

 

Section 129 (2) The provisions of sub-section (6) of section 67 shall, mutatis mutandis, apply for detention and seizure of goods and conveyances.

 

Omitted by the finance Act, 2021, w.e.f. 1-1-22.

 

 

Substituted by the finance Act, 2021, w.e.f. 1-1-22.

Prior to its substitution, Section 129 (3) read as under:

 

Section 129 (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).

 

Section 129 (3)

 

The proper officer detaining or seizing goods or conveyances shall issue a notice within 7 days of such detention or seizure, specifying the penalty payable and thereafter, pass an order within a period of 7 days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub -section (1).

 

Section 129 (4)

 

No tax, interest or penalty No Penalty shall be determined under sub-section (3) without giving the person concerned an opportunity of being heard.

 

Substituted by the finance Act, 2021, w.e.f. 1-1-22.

 

Section 129 (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.

 

Section 129 (6)

 

Where the person transporting any goods or the owner of the goods fails to pay the amount of penalty under sub-section (1) within 15 from the date of receipt of the copy of the order passed under sub-section (3) the goods or conveyance so detained or seized goods shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3):

 

Provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less.

 

Substituted by the finance Act, 2021, w.e.f. 1-1-22.

Prior to its substitution, Section 129 (6) read as under:

 

Section 129 (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 fourteen 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 fourteen days may be reduced by the proper officer.