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If GST officers detain goods during transit in India, get copies of every document served, check the alleged discrepancy against the goods and their movement records, and respond in writing before the officer makes an order. Under current section 129 of the CGST Act, release may be available on payment of the applicable penalty or equivalent security; the amount depends on whether the owner comes forward and whether the goods are exempt. The statute also requires notice and an opportunity to be heard. This is general information, not case-specific legal advice: a live detention, penalty calculation or confiscation notice should be reviewed promptly by a qualified GST practitioner, since facts, applicable State or Union Territory procedure and current law matter.
What to do immediately after a detention
- Get the papers. Ask the driver or person in charge to send clear copies or photographs of the inspection record, notice, detention order and every other paper served. Record the interception time and place, the officer’s details, and when each document was received.
- Preserve the movement record. Gather the invoice or delivery challan, e-way bill, vehicle and transporter details, purchase, sale or stock-transfer records, and relevant communications. Compare the papers with the goods actually in the vehicle, including descriptions, quantities, vehicle details and destination.
- Build a discrepancy table. For each allegation, identify the relevant document or physical fact, attach supporting evidence, and state what correction or explanation you seek. Submit a written response through the applicable process and keep proof of submission.
- Ask for the calculation and identify your position. Request the officer’s penalty calculation and clarify whether the owner is coming forward to pay, proposing security, or contesting the demand. Do not rely on an amount printed on an old form without checking the current statutory formula.
- Keep the release evidence. If payment or security is furnished, obtain the formal release order and retain proof. If contesting the proposed amount, preserve your response, the eventual reasoned order and the dates of service.
- Get case-specific advice promptly. If an adverse order is communicated, have a GST professional assess the appeal deadline, pre-deposit and any separate steps needed to secure release.
This checklist is a practical summary, not an official filing instruction. The relevant State GST or UTGST law and local competent officer may also apply; CBIC Circular No. 41/15/2018-GST says its procedure applies correspondingly under State or UT GST and, as applicable, IGST.
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What GST MOV-06 means and what happens next
Section 129 of the CGST Act covers goods and conveyances detained or seized in transit for a contravention of the Act or rules. The current text reflects amendments effective 1 January 2022. The procedural forms below come from CBIC’s 2018 circular, so read their process descriptions alongside the amended statute: where older form language conflicts with current section 129, the Act controls. See CBIC’s current text of section 129 and Circular No. 41/15/2018-GST.
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The circular describes the officer recording the person-in-charge’s statement in MOV-01 and issuing MOV-02 for physical verification. It directs that Part A of EWB-03 be uploaded within 24 hours after MOV-02; inspection should conclude within three working days unless extended in writing. The inspection report is MOV-04, and the final EWB-03 report is to be recorded within three days of inspection. If no discrepancy is found, the circular says the officer should issue release order MOV-05 forthwith.
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Detention, notice and order
If detention is considered necessary, the circular describes detention order MOV-06 followed by notice MOV-07. Under current section 129(3), the officer must issue a notice specifying the penalty payable within seven days of detention or seizure, then pass an order within seven days of service of the notice. Section 129(4) requires an opportunity of hearing before the penalty is determined. These are statutory deadlines, not a guarantee of how quickly goods will be released in practice.
The circular’s sequence after notice includes consideration of objections and a speaking order in MOV-09. Keep copies of the forms and the material the officer relies on, and check the dates and documents against the current Act rather than treating a form as a substitute for it.
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How release by payment or security works
Section 129(1) provides for release on payment of the applicable penalty or on furnishing security equivalent to that amount in the prescribed form and manner. The current statutory penalty framework is:
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|---|---|---|
| Owner comes forward to pay | Penalty equal to 200% of the tax payable on the goods | 2% of the value of the goods or ₹25,000, whichever is less |
| Owner does not come forward | Penalty equal to the higher of 50% of the value of the goods or 200% of the tax payable on them | 5% of the value of the goods or ₹25,000, whichever is less |
These are the formulas in the current CBIC-displayed text of section 129; they are not an individual calculation. Confirm the goods’ classification, value, tax treatment and applicable State or UT provisions with a GST professional before relying on a figure.
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Choosing between payment and security
| Route | Immediate consideration | What to weigh |
|---|---|---|
| Pay the applicable penalty | The circular describes release through MOV-05 after payment and the relevant order. | Consider cash-flow impact, whether you accept the calculation, and the consequences the statute attaches to payment. Payment under section 129(5) concludes proceedings in respect of that notice; do not assume it resolves every issue outside those proceedings. |
| Furnish equivalent security | Section 129 permits security equivalent to the amount under the applicable clause. The circular describes a bond in MOV-08 with a bank guarantee, followed by MOV-05 release. | Consider the security amount, form and cost, as well as the evidence and grounds for disputing the proposed demand. Confirm the prescribed procedure for the case and jurisdiction. |
| Object to the proposed amount | Send a written, evidence-backed objection before the order and use the statutory hearing opportunity. | Compare the notice with the consignment records, identify the factual or legal basis for dispute, and assess deadlines and the potential effect on release with a professional. |
The circular describes an objection process before a speaking MOV-09 order and MOV-05 release after payment. Its forms also contain older tax-and-penalty language, so use that document for its procedural description, not as the source of today’s calculation.
What if you disagree with the notice or order?
Use the notice stage to put the relevant facts and documents on record. Tie each allegation to evidence—for example, explain a vehicle-detail mismatch with the correct transport record, or a goods-description issue with the invoice and physical goods. Ask for the calculation and grounds to be identified clearly, and preserve a copy of the response and proof it was submitted.
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Section 129(4) bars determination without an opportunity of hearing. The CBIC circular states: “No order for confiscation of goods or conveyance, or for imposition of penalty, shall be issued without giving the person an opportunity of being heard.” If an order is made, retain the complete order and note its communication date; those details matter to any challenge.
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Detention and release under section 129 are distinct from confiscation under section 130. The 2018 CBIC circular describes a MOV-10 notice proposing confiscation in specified situations, an opportunity to object and be heard, and a confiscation order in MOV-11. It also discusses payment periods and auction or disposal steps. Because that circular predates later statutory amendments, do not treat its older form wording or seven-day references as a substitute for checking the current Act and applicable rules. Treat a MOV-10 notice as urgent and obtain qualified GST advice.
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Can you appeal a GST detention order?
Section 107 generally allows a person aggrieved by an adjudicating authority’s decision or order to appeal to the Appellate Authority within three months from communication of the order. The authority may allow a further month if satisfied that sufficient cause prevented filing within time. Under section 107(6), an appeal requires payment in full of the admitted amount and the prescribed pre-deposit on the disputed tax amount. Check the current statutory text and calculation for the particular order with a GST professional. See CBIC’s current text of section 107.
An appeal challenges the order; it should not be assumed to release goods automatically or stay every consequence of detention. The release route and the strategy for challenging an order are related but separate questions that depend on the case.
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