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176. FORM GST MOV-01

176. FORM GST MOV-01

hc98 Nabeel Construction Pvt.Ltd vs Union Of India And 2 Ors on 21 January, 2022
16-2018-G.O.444-Rate
19-14_2018_rate

GOVERNMENT OF INDIA

FORM GST MOV-01

STATEMENT OF THE OWNER / DRIVER/ PERSON IN CHARGE OF THE GOODS AND CONVEYANCE

Statement of Sri                                             S/o                                   age    years, residing at                                             owner / driver / person- in- charge of the goods and conveyance bearing No.                                                            (Vehicle Number) made before the                                                   (Designation of the proper officer) on DD/MM/YYYY at                                                 AM/PM at                                   (place).

Today, you have intercepted the above mentioned conveyance and after disclosing your identity, you have requested me to produce my credentials and the documents relating to the goods in movement for your verification.

In this regard, I hereby declare the following.

1. : Personal Details
NAME 
FATHER’S NAME 
AGE:YrsDL NO: RTO 
Conveyance Registration No. Engine No. Chassis No. 
Proof of Identity 
ADDRESS 
Phone:  Email, If any 
2.Details of the transporter:
NAME 
ADDRESS 
Phone:  Email 
3I am the person-in-charge of the goods conveyance number/          /           /
4I am transporting the goods from To 
5I havea) not produced any documents relating to the goods under transportation 
b) produced the documents, recorded in the Annexure, relating to the goods under transportation, which I have duly certified and signed as correct. 

I hereby further declare that, except the documents mentioned in the Annexure to this statement which have been tendered to you, there are no other documents with me or in the conveyance relating to the goods in movement.

The facts recorded in this statement are as per the submissions made by me and the contents of the statement were explained to me once again in the                                                                              (language) which is known to me and I declare that the information furnished in this statement is true and correct and I have retained a copy of this statement.

“Before me”                                               (Owner/Driver/Person in charge) Signature

Designation

ANNEXURE TO THE DEPONENT STATEMENT IN FORM GST MOV-01

PARTICULARS OF GOODS UNDER MOVEMENT- AS PER DOCUMENTS TENDERED
S L. N O.L R N OLR DAT EINVOIC E/ BOS/DC NOINVOIC E/BOS/D C DATE  CONSI GNOR  CONSIG NEE  COMMODI TY  VALU EEWB BILL NO, IF ANY
12345678910
          
          
          
          

“Before me”                                               (Owner/Driver/Person in charge) Signature

Designation

GOVERNMENT OF INDIA

FORM GST MOV-02

ORDER FOR PHYSICAL VERIFICATION / INSPECTION OF THE CONVEYANCE, GOODS AND DOCUMENTS

The goods conveyance bearing No. / / / carrying                                                                           goods was intercepted by the undersigned                                                              _(Designation of the officer), on / /                                                                                                                              at AM/PM at                                                                                                                                     (Place). The owner/driver/person-in- charge of the goods conveyance has:

  1. failed to tender any document for the goods in movement, or
  2. tendered the documents mentioned in the Annexure to FORM GST MOV-01 for verification.

Upon verification of the documents tendered, the undersigned is of the opinion that the inspection of the goods under movement is required to be done in accordance with the provisions of sub­section (3) of section 68 of the Central Goods and Services Tax Act, 2017 read with State/UT Goods and Services Tax Act, 2017 or under section 20 of the Integrated Goods and Services Tax Act, 2017 for the following reasons.

 The owner / driver / person-in charge of the conveyance has not tendered any documents for the goods in movement
 Prima facie the documents tendered are found to be defective
 The genuineness of the goods in transit (its quantity etc) and/or tendered documents requires further verification
 E-Way bill not tendered for the goods in movement
 Others (Specify)
  
  
  
  

Hence, you are hereby directed,-

  • to station the conveyance carrying goods at (place) at your own risk and responsibility,
    • to allow and assist in physical verification and inspection of the goods in movement and related documents,
    • not to move the goods and conveyance from the place at which it is stationed until further orders and not to part with the goods in question.

Proper officer

To, Sri.

Owner/Driver/Person-in-charge

Conveyance No:             /            /             /

GOVERNMENT OF INDIA

FORM GST MOV-03

ORDER OF EXTENTION OF TIME FOR INSPECTION BEYONF THREE WORKING DAYS

Order No.

The        conveyance       bearing       No.                                        was              intercepted              by

                                          (Designation of the officer) on                        (date & time) at                                                                (Place) and the same was directed to be stationed at

                         (place) for inspection by serving an Order in FORM GST MOV-02 on the person in charge of the conveyance.

Now, the proper officer has requested for extension of time for conducting the inspection of the goods and conveyance for the following reasons:

The request of the proper officer has been examined and the same is found to be reasonable. The time period for conduct of inspection is hereby extended for a further period of

                 days.

The proper officer is hereby directed to serve a copy of this order on the person in charge of the conveyance.

JOINT/ADDL. COMMISSIONER

Place: Date:

GOVERNMENT OF INDIA FORM GST MOV-04

PHYSICAL VERIFICATION REPORT

Ref: FORM GST MOV-02 No.                      Dated

The physical verification of the goods conveyance bearing No.                                             _has been conducted in the presence of Shri          owner / person in charge of the goods vehicle. The details of the physical verification are as under:-

PHYSICAL VERIFICATION REPORT
Date of Physical Verification 
Goods Conveyance number 
Name of the Transporter 
  Sl. No .  Transport Document/ LR No. & Date  Tendered Invoice / Documents No. & DateDescription of goods as per invoice including HSN code  Description of goods in the conveyance  Quantity as per invoiceQuantity as per physical verificati on    Diff.
1       
Date:Date:    
2       
Date:Date:    

I hereby declare that the physical verification of the goods and conveyance mentioned above has been conducted in my presence and I accept that the contents recorded in this report are true and correct.

Signature of the Owner / Person in charge

Signature Designation of the Proper Officer

ACKNOWLEDGEMENT :

I hereby duly declare that I have received a copy of the above report of physical verification.

Signature of the Owner / Person in charge

GOVERNMENT OF INDIA

FORM GST MOV-05 RELEASE ORDER

Ref: FORM GST MOV-02 NO.                      Dated

  1. The goods conveyance bearing No. carrying goods was inspected

by me  (name  and  designation)  on                                                                                                                                                                and  on  inspection,  no

discrepancy was noticed either in the documents or in the physical verification of goods.

or

  • The goods conveyance bearing No. carrying goods was inspected by me (name and designation) on  and after inspection, an order of detention was issued in FORM GST MOV-06 on and a notice in FORM GST MOV-07 was served on the person in charge of the conveyance on

                              . The owner or person in charge of the conveyance has-

  1. come forward and made the payment of tax and penalty as proposed and proceedings is drawn in this regard.
    1. made the payment of tax and penalty as demanded in the order in FORM GST MOV-09.
    1. come forward and furnished a bond in FORM GST MOV-08 along with the bank guarantee for the amount equivalent to the tax and penalty proposed.

or

  • The goods conveyance bearing No. carrying goods was inspected

by me (name and designation) on                                                                                                                                                                 and after inspection and

following the due process, an order of confiscation of goods and conveyance was issued in FORM GST MOV-11 and served on the owner/person in charge of the conveyance on           . The owner/person-in-charge has come forward and made the payment of tax, penalty, fine in lieu of confiscation of goods and conveyance.

In  view  of  the  above,  the  goods  and  conveyance  are  hereby  released  on

                                at         

AM/PM in good condition.

Signature

Designation of the Proper Officer,

ACKNOWLEDGEMENT :

I hereby duly declare that I have received a copy of the above order.

* Strike through whichever is not applicable

Signature of the Owner / Person-in-charge

GOVERNMENT OF INDIA FORM GST MOV-06

ORDER OF DETENTION UNDER SECTION 129 (1) OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 AND THE STATE/UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 / UNDER SECTION 20 OF THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017

The goods conveyance bearing No.                                           was intercepted and inspected by the undersigned on         at                    (place and time) AM/PM. At the time of interception, the owner/ driver/ person in charge of the goods/ conveyance is Shri       

 the owner/ driver/ person in charge of the goods conveyance Shri                                                                                                       has not tendered any documents for the goods in movement
 Prima facie, the documents tendered are found to be defective
 The genuineness of the goods in transit (its quantity etc) and/or tendered documents requires further verification
 E-Way bill not tendered for the goods in movement
 Others (Specify)

For the above said reasons, an order for physical verification / inspection of the conveyance, goods and

documents  was  issued  in  FORM  GST  MOV-02  dated                                                                                                               and served on the

owner/driver/person in charge of the conveyance. A physical verification and inspection of goods in movement was conducted on                                                 by                (name and designation) in the presence of the owner/driver/person in charge of the conveyance Shri                                                                                          and a report was drawn in FORM GST MOV-04. The following discrepancies were noticed.

Discrepancies noticed after physical verification of goods and conveyance
 Mismatch between the goods in movement and documents tendered, the details of which are as under- a) ——— b) c)
 Mismatch between E-Way bill and goods in movement, the details of which are as under­a) b) c)
 Goods not covered by valid documents, and the details are as under- a)
 b) c)
 Others (Specify) a) b) c)

In view of the above discrepancies, the goods and conveyance are required to be detained for further proceedings. Hence, the goods and above conveyance are detained by the undersigned and the driver/person  in  charge  of  the  conveyance  is  hereby  directed  to  station  the  conveyance  at

                                              (place) at his own risk and responsibility and not to part with any goods, till the issue of release order in FORM GST MOV-05.

Signature Designation of the Proper Officer

To,

Shri Driver/Person in charge Vehicle/Conveyance No:

Address:

GOVERNMENT OF INDIA FORM GST MOV- 07

NOTICE UNDER SECTION 129 (3) OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 AND THE STATE/UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 / UNDER SECTION 20 OF THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017

The conveyance bearing No.                                                                      was intercepted by                                                                  (Name and Designation of the proper officer) on               (date) at  (time) at                                                                               (place). The statement of the driver/person in charge of the vehicle was recorded on                                    (date).

  • The goods in movement were inspected under the provisions of sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 read with subsection (3) of section 68 of the State/ Union Territory Goods and Services Tax Act, 2017 or under section 20 of the Integrated Goods and Services Tax Act, 2017 read with sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 on (date) and the following discrepancies were noticed.

(i)

(ii)

(iii)

  • In view of the above, the goods and the conveyance used for the movement of goods were detained under sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 and sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 read with subsection (3) of section 68 of the State/ Union Territory Goods and Services Tax Act, 2017 or under section 20 of the Integrated Goods and Services Tax Act, 2017 read with subsection

(3) of section 68 of the Central Goods and Services Tax Act, 2017 by issuing an order of detention in FORM GST MOV 06 and the same was served on the person in charge of the conveyance on                (date).

  • Sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 provides for the release of goods and conveyance detained on the payment of tax and penalty as under:
  • the applicable tax and penalty equal to one hundred per cent of the tax payable on such goods, where the owner of the goods comes forward to pay such tax and penalty.
  • the applicable tax and penalty equal to the fifty per cent of the value of the goods reduced by the tax amount paid thereon under the Central Goods and Services Tax Act, 2017 and State/UT Goods and Services Tax Act calculated separately or the applicable tax and penalty equal to the value of the goods reduced by the tax amount paid thereon under the Integrated Goods and Services Tax Act, where the owner of the goods does not come forward to pay such tax and penalty.
  • Clause (c) of sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 provides for the release of goods upon furnishing of a security equivalent to the amount

payable under clause (a) or clause (b) of the said sub-section, as indicated supra at (i) and (ii) of para 4 above, in FORM GST MOV-08.

  • The calculation of proposed tax and penalty is as under:
  1. CALCULATION OF APPLICABLE TAX
     RATE OF TAXTAX AMOUNT
    Sl. no    Descrip tion of goods  HS N co de    Quan tityTot al val ue (Rs .)    Cent ral taxState tax / Unio n territ ory tax    Integr ated tax    Ce ss    Cent ral taxState tax / Unio n territ ory tax    Integr ated tax    Ce ss
12345678910111213
             
  • CALCULATION OF APPLICABLE PENALTY UNDER CLAUSE (a) OF SUB­SECTION (1) OF SECTION 129
     RATE OF TAXPENALTY AMOUNT
      SL .N O    DESC RIPTI ON OF GOO DS  H S N C O D E      QUA NTI TY  TO TA L VA LU E (R S.)    CEN TRA L TAXSTAT E TAX/ UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S
12345678910111213
             
  • CALCULATION OF APPLICABLE PENALTY UNDER CLAUSE (b) OF SUB-SECTION (1) OF SECTION 129
     AMOUNT OF TAXPENALTY AMOUNT
    SL .N O  DESC RIPTI ON OF GOO DSH S N C O D E    QUA NTI TYTO TA L VA LU E (Rs .)    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO    INTE GRAT ED TAX    C E S S    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO    INTE GRAT ED TAX    C E S S
      RY TAX   RY TAX  
12345678910111213
             
  • You are hereby directed to show cause, within seven days from the receipt of this notice, as to why the proposed tax and penalty mentioned supra should not be payable by you, failing which, further proceedings under the provisions of the Central Goods and Services Tax Act, 2017 State/Union Territory Goods and Services Tax Act, 2017 or the Integrated Goods and Services Tax Act, 2017 and the Goods and Services Tax (Compensation to States) Act, 2017 shall be initiated.
  • You are hereby directed to appear before the undersigned on DD/MM/YYYY at HH/MM.
  • If you fail to furnish a reply within the stipulated date or fail to appear for personal hearing on the appointed date and time, the case will be decided ex-parte on the basis of available records and on merits.

To,

Sri.                                                     Driver/Person in charge Vehicle/Conveyance No:

Address:

Signature

Name and Designation of the Proper Officer

GOVERNMENT OF INDIA FORM GST MOV -08

BOND FOR PROVISIONAL RELEASE OF GOODS AND CONVEYANCE

I/We……………..S/D/W of………………..hereinafter called “obligor(s)” am/are held and firmly bound to the President of India (hereinafter called “the President”) and/or the Governor of

………….(State) (hereinafter called “the Governor”) for the sum of………………………………………………………………………… rupees to

be paid to the President / Governor for which payment will and truly be made. I jointly and severally bind myself and my heirs/ executors/ administrators/ legal representatives/successors  and  assigns  by  these  presents;  dated  this…………………………………………………………….. day

of………………..

WHEREAS, in accordance with the provisions of sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017, the goods have been detained vide order number ……………………dated………… having value of ………….rupees and involving an amount of tax of ……………………. rupees. On my request, the goods have been permitted to be released provisionally by the proper officer on execution of the bond of value …………………rupees and a security of ……………………rupees against which bank guarantee has been furnished in favour of the President/ Governor; and

WHEREAS, I undertake to produce the said goods released provisionally to me as and when required by the proper officer duly authorized under the Act.

And if all taxes, interest, penalty, fine and other lawful charges demanded by the proper officer are duly paid within seven days of the date of detention being made in writing by the said proper officer, this obligation shall be void.

OTHERWISE and on breach or failure in the performance of any part of this condition, the same shall be in full force and virtue:

AND the President/Governor shall, at his option, be competent to make good all the losses and damages from the amount of the bank guarantee or by endorsing his rights under the above- written bond or both;

IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the obligor(s).

Signature(s) of obligor(s).

Date :

Place :

Witnesses

  • Name and Address Occupation
  • Name and Address Date    Occupation Place

Accepted                 by                  me                                 this………………………..day     of

…………………….(month)……………………… (year)

……………………………….. (designation of officer) for and on behalf of the President

/Governor.

(Signature of the Officer)

GOVERNMENT OF INDIA

FORM GST MOV -09

ORDER OF DEMAND OF TAX AND PENALTY

Order No.                                                                                     Order Date

1.Conveyance No. 
2Person in charge of the Conveyance 
3Address of the Person in charge of the Conveyance 
4.Mobile No. of the Person in charge of the conveyance 
5.e-mail ID of the Person in charge of the conveyance 
6.Name of the transporter 
7.GSTIN of the transporter, if any 
8.Date and Time of Inspection 
9.Date of Service of Notice 
10.Order passed by 
11.Date of Service of Order 
12.Demand as per Order 
ActTaxInterestPenaltyFine/Other chargesDemand No.
CGST Act     
SGST / UTGST Act     
IGST Act     
Cess     
Total     

DETAILS OF GOODS DETAINED

Sl.No.Description of goodsHSN CodeQuantityValue
     
     
     

DETAILS OF CONVEYANCE DETAINED

Sl.No.DescriptionDetails
1Conveyance Registration No. 
2.Vehicle Description 
3.Engine No. 
4.Chassis No. 
5.  

ORDER ENCLOSED

(Name and designation of Proper Officer)

ORDER UNDER SECTION 129 (3) OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 READ WITH RELEVANT PROVISIONS OF THE STATE/UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 INTEGRATED GOODS AND SERVICES TAX ACT, 2017 AND GOODS AND SERVICES (COMPENSATION TO STATES) ACT, 2017

The conveyance bearing No.               

was intercepted by                            

(name and

designation of the proper officer) on                       (date) at                                                                                  (time) at                                                                               (place). The statement of the driver/person in charge of the vehicle was recorded on                                    (date).

  • The goods in movement was inspected under the provisions of sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 read with subsection (3) of section 68 of the State/ Union Territory Goods and Services Tax Act or under section 20 of the Integrated Goods and Services Tax Act, 2017 read with sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 on                  (date) and the following discrepancies were noticed.

(i)

(ii)

  •  
  • In view of the above, the goods and the conveyance used for the movement of goods were detained under sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 read with sub-section (3) of section 68 of the State/ Union Territory Goods and Services Tax Act or under section 20 of the Integrated Goods and Services Tax Act read with sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 by issuing an order of detention in FORM GST MOV-06 and the same was served on the person in charge of the conveyance on  (date).
  • Sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 provides for the release of goods and conveyance detained on the payment of tax and penalty as under:
  • the applicable tax and penalty equal to one hundred per cent of the tax payable on such goods, where the owner of the goods comes forward to pay such tax and penalty.
  • the applicable tax and penalty equal to the fifty per cent of the value of the goods reduced by the tax amount paid thereon under the Central Goods and Services Tax Act and State/Union Territory Goods and Services Tax Act calculated separately or the applicable tax and penalty equal to the fifty per cent of the value of the goods reduced by the tax amount paid thereon under the Integrated Goods and Services Tax Act, where the owner of the goods does not come forward to pay such tax and penalty.
  • Clause (c) of sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 provides for the release of goods upon furnishing of a security equivalent to the amount payable under clause (a) or clause (b) of the said sub-section, as indicated supra at (i) and (ii) of para 4 above, in FORM GST MOV-08.
  • The calculation of proposed tax and penalty is as under:
  1. CALCULATION OF APPLICABLE TAX
     RATE OF TAXTAX AMOUNT
      SL .N O    DESC RIPTI ON OF GOO DS  H S N C O D E      QUA NTI TY  TO TA L VA LU E (Rs .)    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S
12345678910111213
             
  • CALCULATION OF APPLICABLE PENALTY UNDER CLAUSE (a) OF SUB­SECTION (1) OF SECTION 129
     RATE OF TAXPENALTY AMOUNT
      SL .N O    DESC RIPTI ON OF GOO DS  H S N C O D E      QUA NTI TY  TO TA L VA LU E (Rs .)    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S
12345678910111213
             
  • CALCULATION OF APPLICABLE PENALTY UNDER CLAUSE (b) OF SUB-SECTION (1) OF SECTION 129
     AMOUNT OF TAXPENALTY AMOUNT
      SL .N O    DESC RIPTI ON OF GOO DS  H S N C O D E      QUA NTI TY  TO TA L VA LU E (Rs .)    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S    CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX    INTE GRAT ED TAX    C E S S
12345678910111213
             
  • Incorporating the above points, a notice in FORM GST MOV-07 was issued and duly served on the person in charge of the conveyance, providing him an opportunity to show cause against the demand of tax and penalty as applicable and make payment of the same and to get the goods and conveyance released.
  • In response to the said notice,
  • the owner of the goods/ person in charge of the conveyance has come forward and made the payment of tax and penalty as proposed. In view of this, the applicable tax and penalty proposed are hereby confirmed.
  • the owner of the goods/ person in charge of the conveyance has neither made the payment of tax and penalty proposed nor has he filed any objections to the notice issued in FORM GST MOV-07 and hence, the proposed tax and penalty are confirmed.
  • the owner of the goods/ person in charge of the conveyance has filed objections as under:
    • ..
    • ..
  • The objections filed by him were perused and found acceptable/ not acceptable for the following reasons:

< SPEAKING ORDER Text>

  • In view of the above, the applicable tax and penalty are hereby calculated/recalculated as under:

< RECALCULATION PART>

  1. You are hereby directed to make the payment forthwith/not later than seven days from the date of the issue of the order of detention in FORM GST MOV-06, failing which action under section 130 of the Central/State Goods and Services Tax Act /section 21 of the Union Territory Goods and Services Tax Act or section 20 of the Integrated Goods and Services Act shall be initiated.

To,

Shri                                                     Driver/Person in charge Vehicle/Conveyance No:

Address:

Signature

Name and Designation of the Proper Officer

GOVERNMENT OF INDIA

FORM GST MOV -10

NOTICE FOR CONFISCATION OF GOODS OR CONVEYANCES AND LEVY OF PENALTY UNDER SECTION 130 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 READ WITH THE RELEVANT PROVISIONS OF STATE/UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017 / THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017 AND GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017

The conveyance bearing No.                                                                          was intercepted by                                                         (Designation of the proper officer) on                           (date) at  ( time ) at                                                                                                           (place). The statement of the driver/person in charge of the vehicle was recorded on    (date).

2. The goods in movement was inspected under the provisions of subsection (3) of section 68 of the Central Goods and Services Tax Act, 2017 read with subsection (3) of section 68 of the State Goods and Services Tax Act / Section 21 of the Union Territory Goods and Services Tax Act or under section 20 of the Integrated Goods and Services Tax Act read with sub­section (3) of section 68 of the Central Goods and Services Tax Act on                                                                    (date) and the following discrepancies were noticed.

(i)

(ii)

(iii)

  • In view of the above, the goods and conveyances used for the movement of goods were detained under sub-section (1) of section 129 of the Central Goods and Services Tax Act, 2017 read with subsection (3) of section 68 of the State/ Union Territory Goods and Services Tax Act or under section 20 of the Integrated Goods and Services Tax Act read with sub­section (3) of section 68 of the Central Goods and Services Tax Act by issuing an order of detention in FORM GST MOV 06 and the same was served on the person in charge of the conveyance on   (date). Along with the order of detention in FORM GST MOV 06, a notice was issued in FORM GST MOV 07 under the provisions of sub-section (3) of section 129 of the Central Goods and Services Tax Act, 2017, specifying the tax and penalty payable in respect of the goods in question.
  • Subsequently, after observing the principles of natural justice, an order demanding the applicable tax and penalty was issued in FORM GST MOV-09 on      (Date) and the same was served on the person in charge of the conveyance. However, neither the owner of the goods nor the person in charge of the conveyance came forward to make the payment of applicable tax and penalty within the time allowed in the order passed supra.
  • In view of this, the undersigned proposes to confiscate the above goods and the conveyance used to transport such goods under the provisions of section 130 of the Central Goods and Services Tax Act, 2017 read with State Goods and Services Tax Act / section 21

of the Union Territory Goods and Services Tax Act or section 20 of the Integrated Goods and Services Tax Act, 2017/Goods and Services Tax (Compensation to States) Act, 2017. In addition, you are liable to pay the tax, penalty and other charges payable in respect of such goods and the conveyance.

OR

As the goods were transported without any valid documents, it is presumed that the goods were being transported for the purposes of evading the taxes. In view of this, the undersigned proposes to confiscate the above goods and the conveyance used to transport such goods under the provisions of section 130 of the Central Goods and Services Tax Act, 2017 read with the relevant provisions of the State Goods and Services Tax/Union Territory Goods and Services Tax Act, the Integrated Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, 2017. In addition, you are liable to pay the tax, penalty and other charges payable in respect of such goods and the conveyance.

  • The calculation of proposed tax and penalty is as under:
  1. CALCULATION OF TAX
     RATE OF TAXTAX AMOUNT
            SL .N O      DESC RIPTI ON OF GOO DS    H S N C O D E            QUA NTI TY    TO TA L VA LU E (Rs .)          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S
12345678910111213
             
 
  • CALCULATION OF PENALTY
     RATE OF TAXPENALTY AMOUNT
      SL .N O  DESC RIPTI ON OF GOO DSH S N C O D E      QUA NTI TYTO TA L VA LU E (Rs    CEN TRA L TAXSTAT E TAX / UNIO N TER    INTE GRAT ED TAX    C E S S    CEN TRA L TAXSTAT E TAX / UNIO N TER    INTE GRAT ED TAX    C E S S
    .) RITO RY TAX   RITO RY TAX  
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  • DETERMINATION OF FINE IN LIEU OF CONFISCATION OF GOODS
     FINE AMOUNT
      SL. NO    DESCRIP TION OF GOODS    HSN CO DE      QUANT ITYTOT AL VAL UE (Rs.)    CENTR AL TAXSTATE TAX / UNION TERRIT ORY TAX      INTEGRA TED TAX      CE SS
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  • CALCULATION OF FINE IN LIEU OF CONFISCATION OF CONVEYANCE
     RATE OF TAXFINE AMOUNT
            SL .N O      DESC RIPTI ON OF GOO DS    H S N C O D E            QUA NTI TY    TO TA L VA LU E (Rs .)          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S
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  • You are hereby directed to show cause, within seven days from the receipt of this notice, as to why the goods in question and the conveyance used to transport such goods shall not be confiscated under the provisions of section 130 of the Central Goods and Services Tax Act or the Integrated Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, 2017 and why the tax, penalty and other charges payable in respect of such goods and the conveyance shall not be payable by you.
  • You are hereby directed to appear before the undersigned on DD/MM/YYYY at HH/MM.
  • If you fail to furnish a reply within the stipulated date or fail to appear for personal hearing on the appointed date and time, the case will be decided ex-parte on the basis of available records and on merits.

To,

Shri                                                     Driver/Person in charge Vehicle/Conveyance no:

Address:

Signature

Name and Designation of the Proper Officer

GOVERNMENT OF INDIA

FORM GST MOV -11

ORDER OF CONFISCATION OF GOODS AND CONVEYANCE AND DEMAND OF TAX, FINE AND PENALTY

Order No.                                                                                     Order Date:

1.Conveyance No. 
2Person in charge of the Conveyance 
3Address of the Person in charge of the Conveyance 
4.Mobile No. of the Person in charge of the conveyance 
5.e-mail ID of the Person in charge of the conveyance 
6.Name of the transporter 
7.GSTIN of the transporter, if any 
8.Date and Time of Inspection 
9.Date of Service of Notice of Confiscation 
10.Order passed by 
11.Date of Service of Order 
12.Demand as per Confiscation Order 

On the Goods

ActTaxInterestPenaltyFine/ Other chargesDemand No.
CGST Act     
SGST / UTGST Act     
IGST Act     
Cess     
Total     

On the Conveyance

ActTaxInterestPenaltyFine/ Other chargesDemand No.
CGST Act     
STATE TAX / UTGST Act     
IGST Act     
Cess     
Total     

DETAILS OF GOODS CONFISCATED

Sl.No.Description of goodsHSN CodeQuantityValue
     
     
     
     
     

DETAILS OF CONVEYANCE CONFISCATED

Sl.No.DescriptionDetails
1Conveyance Registration No. 
2.Vehicle Description 
3.Engine No. 
4.Chassis No. 
5.  

ORDER ENCLOSED

(Name and designation of Proper Officer)

ORDER OF CONFISCATION UNDER SECTION 130 OF THE CENTRAL GOODS AND SERVICES TAX ACT, 2017 READ WITH THE RELEVANT PROVISIONS OF THE STATE/UNION TERRITORY GOODS AND SERVICES TAX ACT/ THE INTEGRATED GOODS AND SERVICES TAX ACT, 2017

The conveyance bearing No.                was intercepted by                                           (Name and Designation of the proper officer) on                                                                                  (date) at  (time) at                                                                   (place). The statement of the driver/person in charge of the vehicle was recorded on    (date).

2. The goods in movement was inspected under the provisions of sub-section (3) of section 68 of the Central Goods and Services Tax Act, 2017 read with the relevant provisions of the State/ Union Territory Goods and Services Tax Act/the Integrated Goods and Services Tax Act, 2017 and Goods and Services Tax (Compensation to States) Act, 2017  on

              (date) and the following discrepancies were noticed. (i)

(ii)

(iii)

  • In view of the above, the goods and conveyances used for the movement of goods were detained under sub-section (1) of section 129 of the Central Goods and Services Tax Act read with sub-section (3) of section 68 of the State/ Union Territory Goods and Services Tax Act or under section 20 of the Integrated Goods and Services Tax Act read with sub-section
  • of section 68 of the Central Goods and Services Tax Act by issuing an order of detention in FORM GST MOV 06 and the same was served on the person in charge of the conveyance on   (date). Along with the order of detention in FORM GST MOV 06, a notice was issued in FORM GST MOV 07 under the provisions of sub-section (3) of section 129 of the Central Goods and Services Tax Act, specifying the tax and penalty payable.
  • Subsequently, after observing the principles of natural justice, an order demanding the applicable tax and penalty was issued in FORM GST MOV-09 on      (Date) and the same was served on the person in charge of the conveyance. However, neither the owner of the goods nor the person in charge of the conveyance came forward to make the payment of applicable tax and penalty within the time allowed in the order passed supra. Hence, a notice in FORM GST MOV-10 was issued on      (Date) proposing to confiscate the goods and the conveyance used for transporting such goods and the same was duly served on the person in charge of the conveyance. In the said notice, the tax, penalty and other charges payable in respect of such goods and the conveyance were also demanded.

OR

As the goods were transported without any valid documents, it was presumed that the goods were transported for the purposes of evading the taxes. Hence, it was proposed to confiscate the above goods and the conveyance used to transport such goods under the provisions of section 130 of the Central Goods and Services Tax Act, 2017 read with State Goods and Services Tax Act / Section 21 of the UT Union Territory Goods and Services Tax Act or

section 20 of the Integrated Goods and Services Tax Act, 2017 and the Goods and Services Tax (Compensation to States) Act, 2017 by issue of a notice in FORM GST MOV-10. In the said notice, the tax, penalty and other charges payable in respect of such goods and the conveyance were also demanded.

  • The person in charge has not filed any objections/ the objections filed were found to be not acceptable for the reasons stated below:
  • In view of the above, the following goods and conveyance are confiscated by the undersigned by exercising the powers vested under section 130 of the Central Goods and Services Tax Act and under section 130 of the State Goods and Services Tax Act / Section 21 of the Union Territory Goods and Services Tax Act or under section 20 of the Integrated Goods and Services Tax Act which are listed as under:
    SL.NO  DESCRIPTION OF GOODS  HSN CODE    QUANTITYTOTAL VALUE (Rs.)
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  • You are also informed that the above goods and conveyance shall be released on the payment of the following tax, penalty and fines in lieu of confiscation if the same is made within   days from the date of this order.
  • CALCULATION OF TAX
     RATE OF TAXTAX AMOUNT
            SL .N O      DESC RIPTI ON OF GOO DS    H S N C O D E            QUA NTI TY    TO TA L VA LU E (Rs .)          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S
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  • CALCULATION OF PENALTY
     RATE OF TAXPENALTY AMOUNT
            SL .N O      DESC RIPTI ON OF GOO DS    H S N C O D E            QUA NTI TY    TO TA L VA LU E (Rs .)          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S
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  • DETERMINATION OF FINE IN LIEU OF CONFISCATION OF GOODS
     FINE AMOUNT
      SL. NO    DESCRIP TION OF GOODS    HSN CO DE      QUANT ITY  TOT AL VAL UE (Rs.)    CENTR AL TAXSTATE TAX / UNION TERRIT ORY TAX      INTEGRA TED TAX      CE SS
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  • CALCULATION OF FINE IN LIEU OF CONFISCATION OF CONVEYANCE
     RATE OF TAXFINE AMOUNT
            SL .N O      DESC RIPTI ON OF GOO DS    H S N C O D E            QUA NTI TY    TO TA L VA LU E (Rs .)          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S          CEN TRA L TAXSTAT E TAX / UNIO N TER RITO RY TAX          INTE GRAT ED TAX          C E S S
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To,

Shri                                                     Driver/Person in charge Vehicle/Conveyance no:

Address:

Signature

Name and Designation of the Proper Officer