Section 130 Maharashtra GST Act 2017 : Confiscation of goods or conveyances and levy of penalty

By | July 10, 2017
(Last Updated On: July 10, 2017)

Section 130 Maharashtra GST Act 2017

[ Section 130  Maharashtra GST Act 2017 explains Confiscation of goods or conveyances and levy of penalty and is covered in Chapter XIX  : Offences and Penalties  ]

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 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.


Read Complete Maharashtra GST Act 2017

Maharashtra GST Act 2017

Maharashtra GST Rules 2017

Maharashtra GST Notifications

Maharashtra GST Rate Notifications

Maharashtra GST Bill 2017 

Related Topic on GST

TopicClick Link
GST Acts Central GST Act and States GST Acts
GST RulesGST Rules
GST RatesGST Rates
GST NotificationsGST Act Notifications
GST CircularsGST Circulars
GST Press ReleaseGST Press Release
GST BooksBest Books on GST in India
GST CommentaryTopic wise Commentary on GST Act of India
GST You Tube ChannelTaxHeal You Tube Channel
GST Online CourseJoin GST online Course
GST HistoryGST History and Background Material

Leave a Reply

Your email address will not be published.