Section 130 of CGST Act, 2017 Confiscation of goods or conveyances and levy of penalty

Posted on 25 April 2023 Category : GST

Sec 130 Confiscation of goods or conveyances and levy of penalty, CGST Act, 2017

The below post explains about Confiscation of goods or conveyances and levy of penalty under section 130 of CGST Act,2017.

Section 130 of CGST Act, 2017 explains Confiscation of goods or conveyances and levy of penalty as below: (The amendments if any will also be updated here soon).

The extract of Section 130 of CGST Act,2017 quoted below:

130 Confiscation of goods or conveyances and levy of penalty.

130. (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

(iv) 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 subsection

(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.

The above information clarifies about Confiscation of goods or conveyances and levy of penalty under section 130 of CGST Act,2017.

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