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Q. Section 129 related Query

Ajnas (Student) (827 Points)

22 July 2021  
ABC Ltd sold goods Rs.100000+18% GST to XYZ Ltd, then goods is sent to XYZ  through transport X, but e way bill and invoice not in hand of transporter X, then for section 129 penalty is applied
Query 1:- how to pay section 129 tax and penalty ? It is through DRC 03 or GSTR 3B?
Query 2:- If gst officer valued goods Rs.150000+18% GST, then for GST filing by the Supplier ABC Ltd, which value is considered 100000+18% GST or 150000+18% GST?
Query 3:- in this case if the goods valued by the GST officer  and tax is paid, we need to revise the existing invoice or issue new invoice to tax payer?
Query 4:- in this case, GST input is eligible to receipent?

 9 Replies

Imthias ahamed Kormath (429 Points)
Replied 22 July 2021

E way bill no. may point out in an invoice,or in device of the driver of the vehicle.But original invoice may b accompanied with goods by the driver in the vehicle.
Value estimation power vested on the officer.U may file an appeal against the orrder passed by the officer.

CA Rashmi Gandhi (Chartered Accountant) (58998 Points)
Replied 23 July 2021

1. Through DRC-03
2.Rs.1.5 lakhs if supplier accept such value
3. Yes you have to
4. Available.

Ajnas (Student) (827 Points)
Replied 23 July 2021

We can paye section 129 tax through GSTR 3B? if paid through GSTR 3B is any problem from the GST Department?, how input is available because input is restricted as per section 17(5), after paying the tax and penalty as per section 129, we need to pay the tax again on the same goods? we need to report such sales in GSTR 1 and GSTR 3B? or only in GSR 3B reporting is required?, supplier didnt accept Rs. 150000+18% GST, supplier can show Rs.100000+18% GST?

Imthias ahamed Kormath (429 Points)
Replied 23 July 2021

)goods or services or both received by a non-resident taxable person except on goods imported by him;

[g] goods or services or both used for personal consumption;

[h] goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and

[i] any tax paid in accordance with the provisions of Sections 74, 129 and 130.

CA Rashmi Gandhi (Chartered Accountant) (58998 Points)
Replied 24 July 2021

1. Definitely problem will there if you pay through 3B , you have to raise DRC.
2.You have to again pay tax on such goods.
3.Both 1 &3B
4.ITC of 18% of 100000 available

Ajnas (Student) (827 Points)
Replied 24 July 2021

Query 1:-raising of new invoice is compulsory, we can use old invoice Rs.100000+18% GST? after paying tax and penalty under section section 129, again reporting and paying of tax through GSTR 1 and GSTR 3B is compulsory? because tax is aleady paid by supplier on such goods through DRC 03,
Query 2:-why again payment of tax through GSTR 3B is required?
we can ignore this? if yes supplier is required to collect only taxable value from purchaser and receipent only required to pay taxable value, output in the hands of supplier and input in the hand supplier is zero, no entry is passed for both?

Imthias ahamed Kormath (429 Points)
Replied 24 July 2021

If the owner of goods not response to the notice u/s 129, section 130 will inforce after the stipulated time allowed u/s 129.
At that time New invoice may b issue as per section 130 of conficated goods.

Ajnas (Student) (827 Points)
Replied 24 July 2021

What is the difference between section 129 and 130, penalty under this two section (129,130 ) will imposed at the same time?

Pankaj Rawat (GST Practitioner) (51638 Points)
Replied 09 August 2021

If the goods or the conveyance is released upon payment of the tax and penalty under Section 129 of the Act, later, if the authorities find something incriminating against the owner of the goods in the course of the inquiry, if any, then it would be permissible to them to initiate the confiscation proceedings under Section 130 of the Act.

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