Provisions under Section 130 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Confiscation of Goods or Conveyances and Levy of Penalty”, are as under:
Section 130 of CGST Act 2017: Confiscation of Goods or Conveyances and Levy of Penalty (CHAPTER XIX – OFFENCES AND PENALTIES)
Notwithstanding anything contained in this Act, if Where any person,- [Refer Note 2(a)]
(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 penalty equal to hundred per cent of the tax payable on such goods: [Refer Note 2(b)]
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. [Refer Note 2(c)]
(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.
1. CBEC notifies 01/07/2017 as the Commencement date for Section 130 of the CGST Act 2017, vide Central Tax Notification 9/2017 dt. 28/06/2017.
2. Amendments made vide Section 118 of the Finance Act 2021: GOI Notification dt. 28/03/2021, pending Notification on commencement date [Subsequently, CBIC notifies 01/01/2022 as the commencement date vide Central Tax Notification 39/2021]:
(a) in sub-section (1), the text ‘Notwithstanding anything contained in this Act, if’, substituted with the text ‘Where’;
(b) in Second proviso to sub-section (2), the text ‘amount of penalty leviable under sub-section (1) of section 129’ substituted with the text ‘penalty equal to hundred per cent. of the tax payable on such goods’;
(c) sub-section (3) omitted.
Note: The CGST Act, 2017 has been notified vide GOI Notification dt. 12/04/2017, which has subsequently been amended through CGST (Extension to J&K) Act 2017, Finance Act 2018, CGST Amendment Act 2018, Finance (No. 2) Act 2019, Finance Act 2020, Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance 2020, Finance Act 2021, including various Notifications issued by the Govt./ CBIC from time to time, relating to the commencement dates of various Sections/ Provisions in the respective CGST/ Amendment Acts, wherever required. Information on this page is a Section-wise compilation of Amendments made by all such Notifications, with best possible efforts for accuracy. In any case, E&OE. For official/ updated information, please visit CBIC website.
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