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TMI Blog2023 (9) TMI 1241X X X X Extracts X X X X X X X X Extracts X X X X ..... of limitation prescribed under Section 129(3) of the Central Goods and Services Tax (CGST) Act, 2017 - seeking release of detained goods alongwith vehicle - HELD THAT:- The impugned notice ought to have been issued to the petitioner within seven days on the date of detention/seizure of goods/conveyance as is contemplated under Section 129(3) of the TNGST Act, 2017. Section 129(3) of the TNGST Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tition allowed. - Honourable Mr.Justice C.Saravanan For the Petitioner : Mr.J.Ashish For the Respondent : Mr.C.Harsharaj Additional Government Pleader ORDER Mr.C.Harsharaj, learned Additional Government Pleader takes notice on behalf of the respondent. 2. The petitioner has challenged the impugned notice in Form GST Mov-07 dated 05.09.2023. 3. The specific case of the petitioner is that the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional Government Pleader for the respondent on the other hand would submit that the notice was dispatched to the petitioner through e-mail at about 5.54 p.m. on 07.09.2023. 8. It is further submitted that on the same date i.e., on 07.09.2023, the notice was also affixed on the vehicle. 9. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used the expression within seven days from the date of detention or seizure . The language in Section 129(3) of the TNGST Act, 2017 is clear. Notice specifying payment of penalty has to be issued within seven days of detention or seizure of goods. Issuance of notice within seven days has to be calculated from the date on which seizure was to be effected and not from the following date. Thus, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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