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GST - Highlights / Catch Notes

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Jurisdiction - Power to confiscate goods - The power to detain ...


Exploring Distinct Powers: Section 129 Detention vs. Section 130 Confiscation Under GST Act - Separate Roles and Purposes.

September 17, 2022

Case Laws     GST     HC

Jurisdiction - Power to confiscate goods - The power to detain under Section 129 cannot be converted to a proceeding under Section 130 of the Act since both these provisions operate independently of each other and in completely different contexts. The power to detain is only to stop the transit of the goods and thereby prevent its movement till the tax and penalty is paid. However, the power to confiscate is the process of divesting the owner of the goods of all title to the goods for a contravention of the provisions of the Act and Rules. - HC

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