GST
Appeal against a detention penalty under Sec 129
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Facts
An order under Sec 129 for detention or seizure of goods in transit can be appealed to the Appellate Authority. The pre-deposit for such appeals is 10 percent of the penalty, reduced from 25 percent by the Finance Act 2025.
Provisions and law
- Sec 129, CGST Act 2017Detention, seizure and release of goods and conveyances in transit, with penalty
- Sec 107(6), CGST Act 2017Appeal is admitted only on payment of admitted dues in full and 10 percent of disputed tax, subject to a cap
- Sec 107(1), CGST Act 2017Any person aggrieved by an order of an adjudicating authority may appeal to the Appellate Authority within three months of communication
Analysis
If you already paid the penalty to release goods, the payment counts and you can still appeal to get it back. Example: Rs 2 lakh penalty paid for an expired e-way bill with no intent to evade; you appeal on the ground that it was a technical lapse, which several High Courts have accepted. Attach the MOV forms, e-way bill and invoice.
Conclusion
- Download the MOV-09 order and payment proof
- Collect the invoice, e-way bill and transport records
- Draft grounds focused on facts and absence of intent to evade
- File APL-01 within three months
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