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

         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
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.

Analysis by Experts

No explanations yet!!! Please, Login to provide explanation for this section.
Browse all sections of CGST ACT, 2017
mode_edit