Manner and time for recovery of penalty under section 129 [Rule 144A] - GST Ready Reckoner - GST

Recovery of penalty by sale of goods or conveyance detained or seized in transit [ Section 129 of CGST Act read with Rule 144A of CGST Rules inserted vide N. No. 40/2021 Central Tax dated 29th December, 2021 ] Power of Sale or disposal of Goods or conveyance If, fails to pay the amount of penalty [ section 129(1) ] within fifteen days from the date of receipt of the copy of the order passed [ section 129(3) ] , by the Person transporting any goods or the owner of such goods. Exception:- The detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the period of fifteen days may be reduced by the proper officer. The proper officer shall proceed for sale or disposal of the goods or conveyance so detained or seized by preparing an inventory and estimating the market value of such goods or conveyance. Proceeds the sale of disposal of goods or conveyance such goods or conveyance sold through a process of auction, including e-auction, for which a notice shall be issued in FORM GST DRC-10 clearly indicating the goods or conveyance to be sold and the purpose of sale. Exception:- where the person transporting the goods or the owner of goods pays the amount of penalty, including any expenses incurred in safe custody and handling of such goods or conveyance, after the time 15 days but before the issuance of notice, the proper officer shall cancel the process of auction and release such goods or conveyance. Procedure of the Auction of goods or conveyance Time period of Auction:- The last day for submission of bid or the date of auction shall not be earlier than fifteen days from the date of issue of the notice under rule 144A(2) . Exception:- it may be earlier in case of detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time. Pre-bid deposit Amount :- The proper officer may specify the amount of pre-bid deposit to be furnished in the manner specified by such officer, to make the bidders eligible to participate in the auction, and refund of pre-bid deposit amount to the unsuccessful bidders, forfeited the Pre-bid deposit Issue a notice to the successful bidder in FORM GST DRC-11 requiring him to make the payment within a period of fifteen days from the date of auction. In case the successful bidder fails to make the payment of the full amount, as the case may be. Cancelation of the Auction and process for Re- Auction:- where no bid is received or the auction is considered to be non-competitive due to lack of adequate participation or due to low bids. Transfer of owner ship of goods or conveyance by the proper officer:- after the payment of the full bid amount, and issue a certificate in FORM GST DRC-12 . Appeal file against the proceeding for recovery The appeal may file with pre-deposit amount specified under section 107(6) . Under this rule deemed to be stay on, the proceedings for the recovery of the penalty. except where the goods are perishable or hazardous nature.