GST

Who is “owner of the goods” under GST for detention, seizure and release

Who is owner of the goods u/s 129(1) of CGST Act – CBIC Clarification 

Under section 129(1) of the CGST Act, where any person transports any goods or stores any goods while they are in transit in contravention of the GST provisions, all such goods and conveyance used as a means of transport for carrying the said goods and documents relating to such goods and conveyance is liable to detention or seizure.

The section also provide for the release of the goods after detention or seizure, on payment of tax and penalty in cases where either the  owner of the goods comes forward for payment of such tax and penalty or where the owner of the goods does not come forward for payment of such tax and penalty.

The CBIC has issued Circular No. 76/50/2018-GST clarifying certain issues related to GST.

The following clarification has been given on the question as to who us the deemed owner u/s 129(1):

Question:

Who will be considered as the “owner of the goods” for the purposes of section 129(1) of the CGST Act?

Answer:

It is hereby clarified that if the invoice or any other specified document is accompanying the consignment of goods, then either the consignor or the consignee should be deemed to be the owner.

If the invoice or any other specified document is not accompanying the consignment of goods, then in such cases, the proper officer should determine who should be declared as the owner of the goods.

Share

Recent Posts

  • Income Tax

After holding cash receipts/payments as unexplained, ad-hoc addition can not be made – HC

After holding that the cash receipts and cash payments are unexplained, ad-hoc estimation of income can not be adopted –…

2 days ago
  • Income Tax

Dividing total turnover by 365 days to arrive at daily cash sale is based on conjectures and surmises

Dividing total turnover by 365 days and concluding that assessee could not have made such cash sale on a single…

4 days ago
  • Empanelment

NERIST Arunachal Pradesh invites EoI for Empanelment of Chartered Accountant firm

NERIST Arunachal Pradesh invites EoI for Empanelment of Chartered Accountant firm North Eastern Regional Institute of Science and Technology, (NERIST)…

5 days ago
  • Empanelment

Sibsagar University invites EoI for Appointment of Internal Auditor for 01.08.2024 to 31.03.2026.

Sibsagar University invites Expression of Interest (EOI) for Appointment of Internal Auditor  Sibsagar University invites Expression of Interest (EOI) from reputed…

5 days ago
  • Income Tax

Andhra Pradesh High Court struck down Section 147A of the Income Tax Act, 1961 as unconstitutional

In a recent judgment Andhra Pradesh High Court struck down Section 147A of the Income Tax Act, 1961 as unconstitutional.…

6 days ago
  • consumer-protection

Compensation to borrower upheld as bank did not verify construction progress before loan disbursals to builder

Bank was liable to pay compensation to borrower as it did not verify the progress of construction before loan disbursals…

7 days ago