Goods without bill

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A seller supplied goods without a bill, and some taxable items were incorrectly marked as exempt. The truck was detained under Section 129, with a penalty of 50% CGST + 50% SGST on the goods' cost imposed without a hearing. However, the officer's action may be incorrect, as the maximum penalty is typically 50% of taxable goods' value or Rs. 25,000, whichever is less, and a personal hearing should be granted before an order is passed.

jaigurudev

jaigurudev (Querist)

02 August 2020 dear sir, seller supply me goods without goods and some goods item taxable but mentioned in bill exempted.and officer detain the truck in transit and imposed 50%cgst+50sgst of goods cost under section 129.please advice me is it possible to impose 100 tax
with thanks

CA Anita Bhadra

CA Anita Bhadra (Expert)

02 August 2020 In case, the owner of the goods comes forward for payment of tax and penalty -applicable tax and penalty equal to one hundred percent of the tax payable is leviable

jaigurudev

jaigurudev (Querist)

02 August 2020 Medmam, officer imposed 50%cgst+50%sgst on cost of goods without hearing a word from us and issued notice for payment for release of goods

Lekhraj sood

Lekhraj sood (Expert)

03 August 2020 The action of the officer is not correct. The maximum penalty can be 50 % of the value of taxable goods and 5% of the value of exempted goods or Rs.25000/- which ever is less. The officer will give you personal hearing notice before passing the order.You can make the written submissions at the time of personal hearing.

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